
Class _i^,^^^. 
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COFIRIGHT DEPOSIT 



SOUTH DAKOTA 

A 
REPUBLIC OF FRIENDS 



BY 

WILLIS E. JOHNSON, M. A. 

AUTHOR OF " A MATHEMATICAL GEOGRAPHY," VICE-PRESIDENT 

AND PROFESSOR OF GEOGRAPHY AND SOCIAL SCIENCES 

NORTHERN NORMAL AND INDUSTRIAL SCHOOL 

ABERDEEN. SOUTH DAKOTA 



PUBLISHED BY 

THE CAPITAL SUPPLY COMPANY 
PIERRE, SOUTH DAKOTA 



Copyright, 1911 

BY 

WILLIS E. JOHNSON 



C^Ci.A292236 



In proportion as the structure of government 
gives force to public opinion, it is essential that 
public opinion should be enlightened. 

— Washington, Farezvell Address. 



PREFACE. 

This book is written for the boys and girls of South 
Dakota. It is the burning desire of the author to quicken 
their interest in the commonwealth and to stimulate a 
healthy and intelligent patriotism. Training in the three 
R's is imperative, since they are the keys to all learning 
and culture, but it should be remembered they as readily 
unlock all doors of vice. Training for industrious, co- 
operative and intelligent citizenship is the true purpose 
of education, for the school exists as an instrument of 
society to preserve its ideals and processes by transmit- 
ting them to succeeding generations. To be sure these 
are taught in the home, the business world, the church 
and the government, but the school is created by society 
for this special purpose; it is society's supreme effort to 
preserve its own life. 

The school must give that preparation for the activi- 
ties of civilized life which the child would not readily 
acquire in the school of life itself. In haphazard contact 
with community and civic life the child will learn many 
valuable lessons in patriotism and in domestic, economic, 
religious and civic duty. But if we expect that these 
incidental, and often, accidental, lessons will constitute 
sufficient training for the child so that in maturity he 
may play a man's part in a world of men, we are doomed 



6 SOUTH DAKOTA, A REPUBLIC OF FRIENDS 

to disappointment. Society looks to the school to give 
definite training for citizenship. The school must instill 
ideals of civic righteousness and cultivate habits of social 
service, for these alone insure the perpetuity and prog- 
ress of an enlightened democracy. 

Social life in this generation is rapidly passing into a 
stage v^here the community restraints of the face-to-face 
group are much less powerful than formerly because of 
the fact that people no longer live their whole lives in 
the same community. One has but to notice his own 
tendency to carelessness when away from home and 
among strangers to appreciate the omnipresent force of 
community restraint. Modern freedom, intelligence, 
prosperity and easy means of transportation have broken 
up the fixed social relations which characterized past civ- 
ilizations. With the rapid weakening of the restraining 
influences of the permanent community life there must 
be a corresponding strengthening of character or there 
will be a moral decadence. As the group control lessens, 
the moral fibre of the individual must strengthen. The 
modern social life requires a finer sort of patriotism and 
character, for many a man's rectitude of life is due as 
much to the public opinion of his group as to his own 
self-control. The soldier on the field of battle is very 
brave, but the one who is true and faithful in the midst 
of temptation when the eye of the public is not upon him 
is vastly braver. A higher type of citizenship must be 
developed if the higher form of civilization is to be pre- 
served. The loftiness of the ideals of modern life and 
the complex and changing character of the activities and 
culture of our day and age, place newer and greater re- 
sponsibilities upon the school. 

Any society stamps its character upon its schools. 
Society creates the school in its own image. As the 
schools of ancient Sparta were the barracks, and those of 



PREFACE 7 

Rome were the forum, so the American public school is a 
miniature democracy, putting into practice the principles 
of industry, virtue, justice, equality and fraternity. The 
thoughtful teacher has abundant opportunity in the ad- 
ministration of the democracy of school life to instill 
lasting lessons in citizenship. The child who has learned 
to restrain his caprice for the good of the group and 
cheerfully conform to law has learned the first lesson in 
true patriotism. In opening or general exercises, in as- 
signing committed productions, readings, essays and lan- 
guage lessons and in other ways there are countless op- 
portunities to cultivate an interest in public affairs. 

Every subject in the course of study and every activity 
of the school room and playground may lend direct as- 
sistance in training for intelligent and helpful participa- 
tion in social life. But just as physiology and hygiene 
are the best public school studies by which individual 
health is conserved, so civics is the study which is most 
valuable for the conservation of civic and social health. 
The author keenly realizes that civics should be more 
than a study of governmental processes, just as citizen- 
ship should be more than simply intelligent conformity 
to law. But while we have the democracy of industry, 
of domestic, educational, fraternal and religious life, dem- 
ocracy in government is the supreme manifestation of 
civic life. This book, therefore, is concerned mainly with 
the study of the governmental institutions and activities 
of South Dakota and of the nation. Whatever may be its 
defects and limitations, the animating purpose of the 
author is that it may be of some value in raising the boys 
and girls of this commonwealth to a higher plane of citi- 
zenship. 

Among the devices which make for social solidarity 
the slogan of the group plays an important part. "Amer- 
ican blood has been shed upon American soil," "England 



8 SOUTH DAKOTA, A REPUBLIC OF FRIENDS 

expects every man to do his duty," "Honest money," 
"The cross of gold," have been party or martial mottoes 
that have united and inspired to group patriotism and 
action. Can we not consciously apply these simple prin- 
ciples of social psychology to more lasting social benefit? 
Will not the children of this state receive an uplift if 
they repeat over and over, "South Dakota, a Republic of 
Friends," "South Dakota, the Sunshine State," "Under 
God the People Rule"? The state song, composed for 
the children of South Dakota, sets these slogans to a 
simple and easily learned melody and it cannot be sung 
too often or too heartily. 

The word "Dakota" means "A Republic of Friends." 
Will it not become more and more such a republic in fact 
if the children are taught over and over what that name 
signifies? When Dakota Indians meet they greet each 
other in soft accents, "Ko-dah," or "Ko-lah," that is, 
"Friend." They proudly call themselves "Dah-ko-tahs." 
No more honest and upright class of primitive people 
ever were found, and none, when educated, show more 
splendid intellect and character. May not the minds and 
hearts of the latest Dakota children be inspired by such 
wholesome and pleasing sentiments in association with 
their common name? When alone and lonely in the 
midst of a great busy city, the author was once pleas- 
antly accosted by a stranger, who, recognizing the writer 
and extending a cordial hand, with a smile said, "Dah- 
ko-tah." It was a pleasing, heart-warming greeting. 
What's in a name? Why, whatever meaning we put into 
that name. May the teachers of this great state help the 
children to make Dakota in reality what it is in name, a 
republic of friends. 

That the book is easily within the comprehension of 
eighth grade pupils has been shown in the fact that 
nearly every portion of the manuscript has been under- 



PREFACE 9 

Standingly read and recited upon by seventh and eighth 
grade pupils in the practice department of the Northern 
Normal and Industrial School, or in town and rural 
schools of the state. The order of topics in the book has 
been changed somewhat to accommodate it better to the 
new state course of study. 

The author wishes to thank those teachers who have 
used various portions of the manuscript of the text in 
their schools and have given him many helpful sug- 
gestions. He is under a special debt of gratitude for the 
clear insights, friendly counsel and inspiring co-opera- 
tion of President George W. Nash, whose splendid career 
in South Dakota as college professor, Superintendent of 
Public Instruction and President of the Northern Normal 
and Industrial School, makes his criticism exceedingly 
valuable for a work of this character. The author is grate- 
ful to Secretary Doane Robinson, of the State Historical 
Society, for much data ; to Judge J. H. McCoy, of the Su- 
preme Court, and Judge Frank McNulty, of the Circuit 
Court, for numerous suggestions on legal procedure ; to 
Director S. W. Glenn, of the United States Weather Bu- 
reau, for his careful and painstaking verification of all of 
the data on climate ; to Professor J. E. Todd, former State 
Geologist; Professor E. C. Perisho, State Geologist, and 
Professor C. C. O'Harra for corrections and suggestions 
on the geography of the state ; to Miss Ida B. Moore, of 
the Northern Normal and Industrial School, for many 
suggestions of a literary character. He wishes to extend 
grateful acknowledgment for the co-operation and in- 
spiration he has received from Governor Robert S. Vessey 
and all of the former governors now living — Andrew E. 
Lee, Charles N. Herreid, Samuel H. Elrod and Coe I. 
Crawford; from Superintendent of Public Instruction 
C. G. Lawrence and all of the former superintendents 
now living— W. H. H. Beadle, Frank Crane, E. E. Col- 



10 SOUTH DAKOTA, A REPUBLIC OF FRIENDS 

lins, G. W. Nash, M. M. Ramer and H. A. Ustrud; from 
C. E. Swanson and J. Fred Olander, formerly connected 
with the Department of Education, and from many of 
the county superintendents and members of the legisla- 
ture. He is under a special debt of gratitude to former 
Governor William Jayne for the inspiring message which 
he has written for this book. He wishes also to acknowl- 
edge the counsel and help he has received from Mr. 
Edward T. Taubman. The splendid index is the pains- 
taking work of the author's son, Willis Leslie Johnson. 
While recognition is gladly extended to the persons men- 
tioned and to many others, the author assumes complete 
responsibility for any errors or other defects in the book. 



CONTENTS 

A Plan for Study — South Dakota Scrap Book — Essays 13 

A Flag Salute 14 

South Dakota Song 17 

PART I. SOUTH DAKOTA GEOGRAPHY AND HISTORY 

CHAPTER PAGE 

. I. Introduction 19 

11. Surface Features 27 

III. Climate 50 

IV. Industries and Institutions 62 

V. The Birth of a Republic ...... 82 

VI. Historic Items 103 

VII. South Dakota Indians 106 

PART H. SOUTH DAKOTA CIVIL GOVERNMENT 

VIII. A Republic Within a Republic . . . .111 

IX. The Legislative Department 121 

X. The Executive Department 138 

XI. The County 161 

XII. The Township 173 

XIII. The Town 180 

XIV. The City 185 

XV. The Judicial Department 194 

XVI. The Public School System 206 

XVII. Nominations and Elections 218 

11 



12 CONTENTS 

PART III. UNITED STATES CIVIL GOVERNMENT 

CHAPTER PAGE 

XVIII. Congress 233 

XIX. Powers Denied Nation and State . . . . 247 

XX. The Federal Executive Department . . . 249 

XXI. The Federal Judiciary 266 

XXII. Final Provisions of the Constitution . . . 271 

Appendix 277 

Glossary 323 

Index 327 



A PLAN FOR STUDY 
A South Dakota Scrap Book 

It is suggested that every pupil studying this book in 
the seventh or eighth grade, make a scrap book on South 
Dakota, its geography, civics and history. A loose-leaf 
note book answers the purpose splendidly. If one cannot 
be purchased it can be made by the pupil very easily from 
any good-sized old book. A few pages should be cut out 
here and there to make room for the articles and pictures 
pasted in. A very good paste may be made by wetting a 
little flour in cold water, then letting it boil until it 
thickens. When cold, stir in a few drops of formalde- 
hyde and the paste will not get mouldy. A few drops of 
essence of peppermint will give it an agreeable odor. 

Watch the newspapers and magazines for articles 
about South Dakota, or some portion of it. Clip these 
out and neatly paste them in the scrap book. Put in 
pictures of state and county oflicers, court houses, the 
capitol building, public school buildings, the buildings at 
the state university and colleges and normal schools of 
the state, prominent educators and others who are en- 
gaged in notable or public work in the state. A few 
scenes representing different portions of the state, occu- 
pations and industries may be added. There should be 
included some of the maps, charts and diagrams made by 
the pupils as suggested in this book. When finished, an 
index should be carefully made. If the scrap book is pre- 
sented at the time of the county eighth grade examina- 
tion, it will certainly receive some consideration, and the 
best ones may be sent to the state fair. 

13 



14 SOUTH DAKOTA, A REPUBLIC OF FRIENDS 

Essays 

One essay each month should be written on some 
topic of interest on government or community life. In 
no case should the essay be written until the pupil has 
made some observations or done some reading on the 
subject and has something to say. A few topics are here 
suggested. 

Visits. A visit : to a court house, to a postoffice, to a 
park, to a county fair, to a football game, to a college or 
normal school, to a farmers' institute, to a teachers' insti- 
tute, to a picnic, to a newspaper office, to a telegraph 
office, to a hospital. 

How Some Things Are Done. How men vote. How 
mail is sent. How roads are repaired. How taxes are 
collected. How a deed is written and recorded. How 
contracts are made. How candidates are nominated. 
How a silo is made. How disease is spread. 

Needs. The need: for good roads, for rural tele- 
phones, for groves, for a public hall, for literary societies, 
for good health, for skating ponds, for taxation, for a 
beautiful school room, for ventilation in school, church 
and home. 

Other Topics. Our debt to the pioneer. Prevention 
of accidents. First aid to the injured. The care of the 
teeth. Home life in the city compared with home life 
in the country. Country sports and city sports. When 
grandma was a girl. When grandpa was a boy. A talk 
with the oldest settler. Some good habits and some bad 
ones. Cheerfulness. What I want to be when a man. 
The games I like to play. 

A Flag Salute 

The flag salute, which is used in most schools of this 
country, is given as follows : At a signal from the teacher 



A PLAN FOR STUDY 15 

every pupil stands erect and faces the flag, which is 
usually draped on the wall back of the teacher's desk. At 
another signal, generally made by raising the hand, the 
military salute is given by the pupils. This is made by 
lifting the right hand, palm downward, the forefinger 
touching the forehead above the eye. Standing thus, all 
repeat together slowly: 

''We give our heads and our hearts to our country; 
one country, one language, one flag." 

At the words, "our hearts," the right hand is placed 
over the heart, then placed at the side. At the words, 
"one flag," the right hand is extended gracefully, palm 
upward, toward the flag, all eyes being directed toward it. 

Another flag salute is given as follows : "I pledge alle- 
giance to my flag and the Republic for which it stands ; 
one nation, indivisible, with liberty and justice for all." 
At the words, "to my flag," the hand is extended toward 
the flag and remains in this position until the end. 

A pleasing variation is made sometimes by giving the ** silent 
salute. ' ' The pupils form in a line, or in two lines, facing each 
other. The flag is then carried in front of the line, or between the 
lines, and the hands remain at salute until the flag has been placed 
in its position, when, at a signal from the teacher, every hand is 
dropped. 



Springfield, Illinoia, 
April 5, 1911. 

Professor Willis E. Johnson, _ . 

Northern Normal and Industrial School, 
Aberdeen, South Dakota. 

My dear Sir: 

Half a century ago I was sent by President 
Abraham Lincoln to organize the territorial government 
of Dakota, which then comprised a vast extent out of 
which four states have been created. These states, by 
reason of their healthfulness, material prosperity, 
IBeneral intelligence, and educational advantages, take 
equal rank with the most favored states of the whole 
Union. 

After travelling over the vast prairies of that] 
land, which had been marked in school maps as the "Great ' 
American Desert," I thought I could sec what was to be in 
the future, as the white settler came to make a home and 
,build a great civilization in the place to be* left by the 
'retreating footsteps of the Indian and buffalo. 

To the boys and girls oi your great common- 
wealth I wish to extend ray congratulations upon their 
having homes in a land of freedom and plenty. May they 
be inspired by the sacrifices which others have made for 
their welfare; may they be grateful to almighty God for 
their abundant blessings; and may they grow up to be 
citizens who are worthy of such a country ajid such a 
civilization, 

"South Dakota7 A Republic of Friends.'" Surely 
this is an inspiring name for a book for these young 
people. After fifty years of watching the growth of your 
territory and state, I wish to say that my last wish for 
her will be that she may soon become what her name 
signifies, "a republic of friends ." 



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SOUTH DAKOTA 



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rule; Thee we love and all thy 
door; Land of fer - tile plain and 
crown; That the lav - ish gifts of 



bless - ings. Home and 
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na - ture Meas - ure 




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18 



PART I. SOUTH DAKOTA GEOGRAPHY 
AND HISTORY 

CHAPTER I 

INTRODUCTION 

South Dakota. "A Republic of Friends." The name 
Dakota is derived from the Indian word "Koda" or 




Fig. 2. state Seal. 

"Kola," which means "friend." Dakota, in the language 
of the Indians who call themselves by that name,* means, 

*There were seven allied tribes who called themselves by this name. 
The term "Sioux" is also applied to them and to many other Indians, but 
its meaning is exactly opposite. The early French explorers asked the 
Chippewas what Indians lived west of them and they replied "NaduwessI," 
meaning "the enemy." The French wrote the word down as the name of 
the Indians and spelled the plural of it "Naduwessioux." This word be- 
came abbreviated to "Sioux." The Dakotas do not like to be called 
Sioux, and no wonder they prefer their own splendid name. 

19 



20 SOUTH DAKOTA, A REPUBLIC OF FRIENDS 

in a general way, an alliance, league, or republic of 
friends. What a splendid name for a commonwealth ! 
May every boy and girl in our schools say, "I belong to 
Dakota, a republic of friends/' 

Under God the People Rule. This is the motto of the 
state of South Dakota. It appears on the great seal of 
the state (for the uses of the seal see Chapter VII). We 
all recognize that there is a Power in the world which is 




Fig. 3. United States Seal. 

mightier than that of man. The people should regulate 
all public affairs as in the presence of God. In former 
times governments were not carried on by the people or 
for the people. Even in our own country today, laws 
are often passed to protect some private interest instead 
of for the public good. Our state motto should ever 
inspire us to make our government more free from the 
control of selfish interests and more consecrated to the 
good of all. 

Seal of the United States. On July 4, 1776, imme- 
diately after the Declaration of Independence was 
adopted, John Hancock, president of the congress, arose 



INTRODUCTION 21 

and said: "We are now a nation, and I appoint Benjamin 
Franklin, John Adams and Thomas Jefferson a commit- 
tee to prepare a device for a Great Seal of the United 
States of America." It was not until 1782, however, that 
the present seal was adopted. 

It consists of the American bald eagle within a circle. In his beak 
is a scroll bearing the motto ' ' E Pluribus Unum, ' ' meaning * ' Out 
of Many, One," and signifying ''One Republic made out of Many 
Republics. ' ' On the breast of the eagle is a shield made up of a blue 
band above, with thirteen stripes below, seven red and six white. 
The band represents the federal government which binds together the 
states. The right talon is grasping an olive branch symbolizing 
Peace, and the left holds thirteen arrows, symbolizing War. Over 
the head of the eagle is a ' ' breaking through a cloud, ' ' revealing a 
constellation of thirteen states. The shield '*is borne on the breast 
of the American Eagle, without any other support, to denote that 
the United States of America ought to rely on their own virtues." 
A reverse side was also provided for but it has never been used. 

The Sunshine State. South Dakota is very appro- 
priately called "The Sunshine State." The percentage of 
sunshine is very high. According to the United States 
Weather Bureau, it is among the highest of the agricul- 
tural states. This is of untold value in conserving the 
health, in hastening the growth of crops during the sum- 
mer and in many other ways. 

Health. "To health and wealth the open door." Ac- 
cording to the United States Census Bureau, South 
Dakota has had for years the lowest death rate of the 
states of the Union that have an accepted system of 
preserving health statistics. 

A few statistics from the Census Bureau may be interesting. The 
total number of deaths, for every 1,000 persons, is given as follows: 

South Dakota, 8.8 in 1906; 9.8 in 1907; 10.1 in 1908. 

United States, 16.1 in 1906; 16.4 in 1907; 15.3 in 1908. 

For a series of years the average of the United States was 16.3; 
England, 16; France, 19.6; Germany, 19.9; Italy, 21.9; Austria, 
24.2. The death rate for South Dakota is not only the lowest in the 
United States but the lowest in the world, the nearest being New 
Zealand, 9.9 deaths per thousand of population. One should be care- 



^2 SOUTH DAKOTA, A REPUBLIC OF FRIENDS 

ful, however, in drawing conclusions as to healthfulness from the 
death rate. The state having the highest death rate in this country 
is often California, but this is largely due to the great numbers of 
sick people who go there for their health. 

The healthfulness of the state is accounted for in 
various ways. The purity and dryness of the air has 
much to do with it; the sunshine has a great value as a 
disease destroyer; the fact that the people, as a rule, are 
well to do and have an abundance of the best of food, 
comfortable shelter and means for travel, rest and phy- 
sicians' services must be remembered; the purity of the 
drinking water, particularly the artesian water, is greatly 
emphasized by scientists as one of the causes, because 
the germs of typhoid, malaria, or other diseases are never 
found in our artesian water. 

Wealth. For many years statistics have shown that 
there was more wealth owned and produced in South 
Dakota, in proportion to population, than in any other 
state. When we consider that there are millions of acres 
of rich farming land in this state and enough food 
products are raised each year to feed the entire popula- 
tion of Illinois, but that we have only about one-fourth 
of the population of one of her cities, Chicago, we then 
can appreciate why we have so large a production accord- 
ing to population. To this must be added the fact that 
South Dakota ranks fourth in the production of gold; 
one mine, the famous Homestake mine at Lead, produces 
nearly one-twelfth of all the gold mined in the United 
States each year. 

With an average of over four hundred acres of land for 
every family in the state, having ability to support in 
comfort several times the present population, South Da- 
kota certainly deserves the title, "Land of Plenty." The 
boys and girls of this favored state have a splendid heri- 




Fig. 4. THE PASQUE FLOWER. 

"While wasting snowdrifts, lingering, enshroud, 
You. smiling, cheer the chill, despondent field ; 

Unerringly to prophesy the proud 

And gorgeous beauties that the summers yield. 



"So, South Dakota, he it thine to lead ; 

Thy smile to light affliction's dreary time. 
While o'er the drifts you scatter wisdom's seed, 

And harvest glory in the season's prime." 

— Doane RoMnson. 




Fig. 5. Flag Salute. 



INTRODUCTION S5 

tage. May they use their opportunties to develop a cor- 
responding wealth of manhood and womanhood ! 

State Flower. The Pasque Flower is the state flower. 
It is found growing wild over the north central states, ex- 
tending from Illinois to the great plains. A variety of 
the plant is found in northern Europe, growing wild and 
also cultivated in gardens. It received its name in France 
because it blossoms there at about Easter time, the word 
pasque (in modern French it is "paque") meaning Easter. 
As it is the first flower to blossom on our prairies, the 
motto accompanying the flower is '7 Lead." 

The State Flag. In 1909 the legislature of South Da- 
kota adopted a state flag. One side of the flag is shown 
on the cover of this book. The reverse side has the state 
seal in the center. It was the intent of the law to have 
the flag a light blue color, but for some reason a dark 
blue is used. The seal should be printed in dark blue, but 
gold is used instead. Following is the law describing the 
flag: 

"The state flag, or banner, of South Dakota shall con- 
sist of a field of blue one and two-thirds as long as it is 
wide, in the center of which shall be a blazing sun in gold 
two-fifths as wide in diameter as the width of the flag. 
Above this sun shall be arranged in the arc of a circle, in 
gold letters, the words ''South Dakota," and below the 
sun in the arc of a circle shall be arranged the words, in 
gold letters, 'The Sunshine State," and on the reverse 
of the blazing sun shall be printed in dark blue the great 
seal of the state of South Dakota. The edges of the flag 
shall be trimmed with a fringe of gold to be in proportion 
to the width of the flag. The staff shall be surmounted 
with a spear head, to which shall be attached cord and 
tassels of suitable length and size." — Session Laws, 1909. 



26 SOUTH DAKOTA, A REPUBLIC OF FRIENDS 

Old Glory. While we love our state and all its bless- 
ings, there is no glow of patriotism like that which wells 
up in our hearts when we salute "Old Glory," as we 
fondly call our national flag. The thirteen stripes sym- 
bolize the thirteen original states which united to form 
this nation. There is one star for each state. On the 
fourth of July following the admission of a new state an 
additional star is added to the flag. 

"Citizens, by birth or choice, of a common country, that 
country has a right to concentrate your affections. The 
name American, which belongs to you in your national 
capacity, must always exalt the just pride of patriotism 
more than any appellation derived from local discrimi- 
nations." — Washington, Farewell Address. 

QUESTIONS. 

A BEPUBLIC OF FRIENDS. What is the meaning of 
"Dakota?" From what is it derived? How did the word Sioux 
originate ? 

STATE SEAL. What is the motto of South Dakota? Where 
found? Describe the state seal? For what is it officially used? By 
whom? (See "seal" in the Index.) How should our state motto 
inspire us? Eead the description of the state seal in the constitution 
(Article XI). 

SEAL OF TEE UNITED STATES. When was the seal adopted? 
Describe it. For what is it used and by whom? 

THE SUNSHINE STATE. What is the nickname of South 
Dakota? Why so called? Of Avhat special value is the great amount 
of sunshine? 

HEALTH. What can you say as to the healthfulness of South 
Dakota? Compare the records. Name four causes for the unusual 
degree of health. 

WEALTH. What can you say as to the wealth of the state accord- 
ing to population? How many acres of land are there, on the aver- 
age, for each South Dakota family? 

STATE FLO WEB. What is the state flower? Describe it. What 
is the origin of its name? What motto accompanies the flower? 
Eepeat the two stanzas by Doane Kobinson on the state flower. 

STATE FLAG. Describe the state flag. 

OLD GLQBY. Describe the flag of the United States. What is 
the "flag salute" given by millions of American pupils each school 
day? What is the South Dakota salute? 



CHAPTER II 
SURFACE FEATURES 



Near the Heart of the Continent. Draw lines diago- 
nally across a map of North America and you will find 
that they cross at almost the exact center of South Da- 
kota — at Pierre, the capital. Tkus we see that the Sun- 
shine State lies in the center of North America, near the 
heart of the continent. The Atlantic, the Pacific and the 

Gulf of Mexico are each 
'about 1,300 miles distant. 
The state is situated half 
way between the equator 
and the North Pole, the 45th 
parallel crossing the northern 
portion of the state. 

Blessed Land of Room- 
Enough. The area of South 
Dakota is 77,650 square miles 
(land 76,850; water 800), be- 
ing larger than all of the 
New England states combined 
and over one-third as large as 
France. The population av- 
erages about eight for each square mile. How many 
acres does this average for each man, woman and child 
in the state? The length of the state, east and west, 
averages about 370 miles and the width about 210 miles. 
Boundaries. The states surrounding South Dakota are 

27 




Fig. 6. 



"At the heart of the 
continent." 



28 



SOUTH DAKOTA, A REPUBLIC OF FRIENDS 



shown in Fig. 8. Name them. The boundary lines are 
also shown. Be able to name all of them. 

Land of Fertile Plain and Prairie. The surface, for the 
most part, is a gently rolling prairie. It rises from a 
plain east of the Missouri river to a plateau in the west- 



^r J ^^iuf^vw- 






tab 



I- 






-fpool 



X' 
,1 <-' 






Hamburg ^ ^S- 






2v^^A V 



>f- 



^ 



-iiy- 






^pHr^'-,-„4^, 






*^ ^' 



1' 















C.f ^' 



"'^« ^j^^^ '^^J^enoes Mts. 



>^\ 









Fig. 7. "Over one-third as large as France. 



ern portion and mountains (the Black Hills) in the 
southwest. Two low table lands from 1,500 to 2,000 feet 
above sea level extend north and south in the eastern 
half of the state. One, the Coteau* des Prairies, is near 
the eastern border. The other, the Coteau du Missouri, 
is just east of the Missouri river. Both of them are cov- 



* Coteau (Ko-to') means a hilly divide between two valleys. 



SURFACE FEATURES 



29 



ered in some place's with boulders and piles of gravel, 
sand and clay. Between these table lands lies the famous 
basin of the James, or Dakota, river. In the southeast 



o 



NORTH DAKOTA 

Seventh KSiandard Parallel 



''A "^Z ^y. y ^ ^ ^ y' ^ y '^ \ s V V X V \ s V 






en 




NEBRASKA 



Fig. 8. Boundaries of South Dakota. 

A — Bois des Sioux River, wliich drains Lake Traverse. 

B — Lake Traverse. 

C — Line connecting headwaters of the two lakes. 

D — Big Stone Lake. 

E — Line due south of the outlet of Big Stone Lake. 

F — Boundary line between Minnesota and Iowa, called "Secondary base 
line of fifth principal meridian." Correction lines, called "standard 
parallels," are surveyed parallel to it every 24 miles. The seventh 
of these is the boundary between the Dakotas. 

G — Big Sioux River. 

H — Missouri River. 
I — 43rd parallel north of the equator. 

J — 27th meridian west of Washington, or 104° 3" west of Greenwich. 
For surveying purposes this portion is called the Black Hills prin- 
cipal meridian. 

K — Seventh standard parallel north of the secondary base line to the 

fifth principal meridian of the government survey. 
5 — The area surveyed from the fifth principal meridian. 
6 — The area surveyed from the sixth principal meridian. 

B. H. — The area surveyed from the Black Hills principal meridian. 



are the basins of the Big Sioux river and the Vermillion 
river. 

West of the Missouri river the surface is higher and 
more uneven and hills and table lands are numerous. In 



30 SOUTH DAKOTA, A REPUBLIC OF FRIENDS 

the southwest these are so thick and steep sided that the 
region was called "bad lands for travelers" by the early 
French explorers. This name was shortened to "Bad- 
lands." 

Five rivers flow into the Missouri from the west and 
drain this half of the state. To the north is the Grand 
river, which rises in Cave Hills in the extreme northwest. 




Fig. 9. Surface features of South Dakota, 



Not far to the south is the Moreau (pronounced mor'- 
row) or Owl river. The map shows the largest of these 
rivers, the Cheyenne, reaching out branches like long 
fingers, clasping the entire Black Hills country. In the 
valley of one of its branches north of the Hills, the Belle 
Fourche river, is a great irrigation dam and a large tract 
of land made very productive by its waters. The Teton, 
or Bad, river rises in the Bad Lands and flows into the 
Missouri opposite Pierre. The White river rises in Ne- 
braska, flows through the Bad Lands and then across the 
plains. All of these rivers have broad and somewhat 
deep valleys. 



SURFACE FEATURES . 31 

Thb Ancient Ice Sheet. About ten thousand years ago 
a great sheet of ice, in places hundreds of feet thick, 
pushed its way down from the north and northeast and 
spread over a large portion of North America. It is not 
known what caused this "ice age," but the fact of its ex- 
istence cannot be denied. Figure 10 shows the great 
glacier when it covered what is now the eastern portion 
of the state. A great lobe or branch of the sheet of ice 
is called the Dakota glacier. 

Pre-Glacial Conditions. Before the coming of the field 
of ice the Missouri occupied the present James river val- 
ley, having carved out a broad basin about six hundred 
feet lower than the plains on either side. The ice sheet 
turned the Missouri river out of its course, pushing it 
over to the western border of the glacier. Glaciers carry 
a great deal of stones, gravel, sand and fine clay, which 
are scraped or washed in the ice. Cracks occur in the ice, 
some of it melts, and much of the material is washed 
down under the glacier. The mountain of ice crushes 
many of the stones into fine powder and this is spread 
out underneath as a fine clay. This explains why the 
region east of the Missouri river is covered with a coat- 
ing of fine, tough clay (which makes the best kind of a 
subsoil), with here and there boulders and gravel. At the 
edge of the glacier there were more stones and gravel 
deposited. Many of these stones are found to be worn 
down and scratched by being frozen into the ice by 
scraping against other rocks as the glacier pushed its 
way along. These scratches on flat-faced stones are 
called glacial striae. The deposits are called glacial 
"drift." 

Glacial Lakes. West of the Missouri river in South 
Dakota the surface has what the geographer calls perfect 
drainage. Scarcely a lake is to be found there. East of 
the Missouri river, however, we find many lakes and un- 



33 SOUTH DAKOTA, A REPUBLIC OF FRIENDS 

drained areas. Most of them, like lake Kampeska, Lake 
Madison, Waubay Lake, Lake Poinset and Lake Andes, 
were caused by irregular glacial deposits of rock material. 
Lake Traverse and Big Stone Lake are glacial channel 
lakes, explained later. Lake McCook, in Union county, 
is one of the very few lakes in the state not caused by the 
glacier. This is an abandoned bend, or "ox-bow," of the 
Missouri river. A few other "horseshoe" lakes like it are 
found along the Missouri river bottom land, or flood 
plain. 

Moraines. The rock material deposited underneath the 
ice sheet, principally clay, is called ground moraine.* As 
the glacier melted back and disappeared from the coun- 
try it did so very gradually, the border of the ice staying 
in nearly the same place for years. Along the edge of the 
ice field the clay, gravel and stones that were in the ice 
and on it were dropped as the ice melted. Piles of 
stones, sand and clay grew to be hills, and as the glacier 
melted back in summer and advanced in winter a belt of 
these heaps of stones was formed along the edge of the 
glacier. These hills and ridges are called terminal mo- 
raines (Lat. terminus, the end). Broad valleys were 
washed out through the terminal moraines by huge 
streams caused by the melting of the ice. We can trace 
where the edge of the ice remained for a long period of 
time by the series of hills, covered more or less with 
rocks and gravel, and broken here and there by broad 
valleys. There were four great pauses in the retreat of 
the ice sheet from the South Dakota region and, there- 
fore, four of the great outer terminal moraines are to be 
found today in this state. 

Altamont Moraine. The outermost moraine has been 
given the name of Altamont (Lat. alta, high + mont, 
mountain), from a town In the eastern part of the state, 

* Moraine (mo-ran'), from a French word meaning "a heap of stones." 




Fig. 10. The Ancient Ice Sheet. 



^^^fe^. w 












^_ ^ •■'"^- 


B 




^^ 


^^ iiiB 




^•"'>7- 




"" v.As»;. * 




v'^B^^^S 



Fig. 11. Photograph of a Canadian Glacier. "Glaciers carry great quan- 
tities of rock, gravel and clay.'' 




Fig. 21. Hog-back of Dakota Sandstone, Buffalo Gap, South Dakota. 




Fig. 22. In the Big Badlands. Cattle Descending From Grass-Covered 
Table Land to Grass-Covered Valley Below. 



W»i&',W^^»^ 










ilMliftfc 



Fig. 23. Excellent Grazing on the Plains Near the "Bad Lands." 




Fig. 24. In the Big Bad Lands. 



SURFACE FEATURES 



35 




Fig. 12. Altamont Stage of Dakota Glacier. 
Showing th6 position of the glacier in eastern 
South Dakota when the Altamont moraine, 
was deposited along the edge of the ice sheet. 




Fig. 13. Gary Stage of Dakota Glaciers. 
Showing the position of the glacier in eastern 
South Dakota when the Gary moraine was de- 
posited along the edge of the ice sheet. 



36 



SOUTH DAKOTA, A REPUBLIC OF FRIENDS 



where the hills of this moraine are prominent. The posi- 
tion of the great ice field when in this stage is shown in 
Figure 12. 

Gary Moraine. The second moraine has been named 
from Gary, a town east of Altamont. The glacier had 
melted back and paused long enough to leave deposits of 
clay, gravel and boulders along the border. 

Antelope Moraine. The third stop of the ice sheet left 

a series of four low ranges of hills on the south and west 

a higher range on the east. This is called the Ante- 




Fig. 14. Antelope Stage of Dakota Glacier. 
Showing the position of the glacier in eastern 
South Dakota when the Antelope moraine was 
deposited along the ice sheet. 



lope moraine, named from a ridge in the Minnesota val- 
ley. As the ice melted back there was a partial damming 
of the James river valley southeast of where Redfield now 
stands, causing a great shallow lake to form. This was 
several thousand years ago, and since then the lake has 
disappeared; only a few small lakes and marshes still re- 



SURFACE FEATURES 



3T 




Fig. 15. Kiester Stage of Dakota Glacier. Showing the position of the 
glacier in eastern South Dakota when the Kiester moraine was deposited 
along the edge of the ice sheet. The Altamont, Gary and Antelope mo- 
raines are also shown. 



38 



SOUTH DAKOTA, A REPUBLIC OF FRIENDS 



dakq.tA-----' 



^.lAtfl^^^: 



main along the James river. This ancient glacial lake is 
called Lake Dakota, and the level and fertile bottom 
lands of the James river valley in this portion of the state 

are due to the depos- 
its of fine sediment in 
the ancient lake. 

Kiester Moraine. 
Only a small portion 
of the fourth moraine 
is found in South Da- 
kota. This is shown 
in Figure 15. 

Lakes Traverse and 
Big Stone. Shortly 
after the formation of 
Lake Dakota, another 
immense lake ap- 
peared in what is now 
the Red river valley. 
This lake, which has 
been named Lake 
Agassiz,"^ was larger 
than all of the present 
Great Lakes com- 
bined. For a long time 
it was drained south- 
ward because the ice 
dammed up the outlet to the north. The immense volume 
of water made a deep channel leading into the valley of 
the Minnesota river. The great river which then occu- 
pied this channel has been called River AVarren. 

Just south of Big Stone lake is a barrier of granite 




Fig. 16. Lakes Bigstone and Traverse.^ 
These lakes lie in a great glacier chan-' 
nel. 



* Professor Louis Agassiz (ag'-as-si), of Harvard University, was one 
of the first to advocate the theory that glaciers once covered the northern 
portion of this continent, now accepted by everybody. 



SURFACE FEATURES 39 

rock, and this was so hard that it partly dammed the 
great valley. Right here, too, Whetstone creek flows into 
it and much sediment has accumulated in the old glacial 
channel. This *'boss" of granite, as the geologist calls it, 
and the alluvial fan built by Whetstone creek, caused Big 
Stone lake to be formed. Up the valley about thirty 
miles the Minnesota river flows into the ancient glacial 
channel, and when the flow of the glacial River Warren 
was checked by the granite barrier it could not wash 
down the sediment deposited by the Minnesota river, so 
another alluvial fan or delta dammed up the channel 
enough to form Lake Traverse. 

Mountains Filled with Gems and Ore. The Black Hills 
region comprises an area of about 5,000 square miles, or 
about the area of Connecticut, extending into Wyoming. 
This region gets its name from the abundance of pine 




Fig. 17. A Diagram of the Black Hills. 

and spruce which cover the hillsides and from a distance 
make them look dark. While called "hills," they are 
mountains, higher than any of those in the eastern por- 
tion of the United States. 

The highest point is Harney Peak, 7,244 feet above 



40 SOUTH DAKOTA, A REPUBLIC OF FRIENDS 

sea level.* The highest peak in the eastern portion of 
the United States is Mt. Mitchell, North Carolina, 6,711 
feet above sea level. Lead, the principal city of this re- 
gion, has about the same altitude as Denver, one mile 
above sea level. The minerals found in this region are 
discussed in Chapter IV. 

The great plains are made up of a series of thick layers 
of sedimentaryt rocks, limestone, sandstone, clays and 
shile. Under them is the granite core of the earth. 
Some powerful internal force upheaved this portion of 
the plain, making a huge dome. The action of the 
weather and running water has worn down this dome 
and exposed the granite core in the central part. Deep 
ravines and canyons have been cut into the sides ind 
edges by the streams which flow out in all directions. 
Around the central granite portion are arranged upturned 
and overlapping layers of rock. The edges of the harder 
layers, such as limestone and sandstone, have been worn 
into ridges and hills, and in the soft layers broad \ralleys 
have been carved out. 

The hills, as a rule, have short, steep slopes toward the 
central portion, with long, gentle slopes away toward the 
plains. This is shown in the cut representing a portion 
of Deadwood. The separate ridges are sometimes called 
''hogbacks." Two of the overlapping layers need special 
mention, the red beds and the Dakota sandstone. 

The Red Valley. One of the rock layers, turned up all 
the way around the hills near the inner granite area, is 
made of soft sandstone and clay and is usually of a dull 
red color. Being soft, the materials have worn away and 
a broad red valley completely encircles the hills. For 
this reason the Indians called it the "race course." In 



* This is the latest determination from vertical angles by the United 
States Geological Survey, being furnished the author by the Chief 
Geographer under date of December 13, 1910. 

t Called sedimentary because most of the material was deposited as 
sediment in the ancient seas which once covered this region. 



SURFACE FEATURES 



41 



this red valley are located several of the cities of this re- 
gion, notably Hot Springs, Sturgis and Spearfish. The 
name of this red sandstone is the Spearfish formation. 
It contains valuable beds of gypsum, used in making 
plaster. 

The Dakota Sandstone. Outside of the Spearfish red 
beds are some rock layers called Dakota sandstone. In 
places they are several hundred feet thick and extend to 
the surface all the way around the Hills. They are also 
turned up to the surface in many places along the foot- 
hills of the Rockies. This stone in many places is splen- 
did for building, the beautiful government soldiers' hos- 
pital at Hot Springs being built of it. Its principal in- 
terest for us, however, is its untold value as the main 
source of our artesian water supply. 

Artesian Wells. A study of the figure showing the 




Fit?. 18. Cross section of Southern South Dakota. Showing the course 
of the artesian water supply. G. — Granite rock. D. S. — Dakota sandstone, 
bearing water, C. S. — Claj^ and shale. 



source of our great artesian water flow, shows how the 
water, which soaks into the Dakota sandstone about the 
Hills (and along the foothills of the Rocky mountains), 
works its way down the slope of these porous layers and 
rises as artesian* or self-flowing wells. Above and below 
these water bearing sandstone layers are thick beds of 
shale, which are not porous and do not permit much 
leakage. It should be remembered that ravines and can- 

* The name is derived from the French province of Artois, where they 
were first well known. 



43 



SOUTH DAKOTA, A REPUBLIC OF FRIENDS 



yons extend from all directions into the Black Hills and 
into the Rockies, and the mountain streams which drain 
this large area carry their sparkling waters ^across the up- 
turned layers of the Dakota sandstone. The Missouri 







\ 









\ 



^^FtM i \ 



Fig. 18a. Eastern Limit of Artesian Basin, 



river and the Cheyenne and their mountain stream 
branches cannot flow over to the great plains without 
crossing the porous sandstone. Thus great quantities of 
water are absorbed and carried out under the plains. 
Now, it is well known that "water seeks its level," so if 



SURFACE FEATURES 4B 

pipes are sunk down into the Dakota ■sandstone in the 
James river valley, carved down, as It is, hundreds of feet 
below the level of the great plains, the water gushes up- 
ward under great pressure. 

The Pressure. The water pressure varies greatly in 
different portions of the state. The city of Aberdeen 
sunk an eight-inch well in 1911 that gives a pressure of 
250 pounds to the square inch at the well, probably the 
greatest recorded artesian pressure in the world. It sup- 
plies about 2,000 gallons of water a minute. At a depth 
of about 900 feet soft artesian water is found, having a 
pressure of about 40 pounds to the square inch. The 
high pressure waters are "hard," due to limestone,, and 
are found at a depth of nearly 1,300 feet (at Aberdeen). 
The water is freely used for drinking and household pur- 
poses. It is perfectly free from any danger of disease, as 
no organic matter is ever found in it. In portions of the 
state where the surface elevation is higher, or where 
there is apparently some leakage from the sandstone to 
other layers, the pressure is less. In the eastern portion 
of the state the Dakota sandstone layers thin out and dis- 
appear. In a few places in the southeastern part of the 
state these rock layers come to the surface and their 
waters leak away. In some places there are shallower 
artesian wells which get their waters from other porous 
rock layers (notably the Benton sandstones and shales), 
or from dipping or slanting layers of glacial drift. 

A Warning. Professor Ellwood C. Perisho, state geol- 
ogist, has repeatedly warned the people of the state 
against the wastes of the artesian water. Much water 
escapes around the artesian pipes Into porous rock layers. 
The artesian waters are as permanent as the "eternal 
snows" of the mountains from whence they come. Never- 
theless, only a limited amount soaks Into the sponge-like 
sandstone and hence it should not be wasted. 



44 SOUTH DAKOTA, A REPUBLIC OF FRIENDS 

The Bad Lands. This name is somewhat misleading, 
as the land is fertile, except where it is so steep that vege- 
tation is washed off. In the level portions the nutritious 
Buffalo grass grows and supports great herds of cattle. 
Good water may usually be found in shallow wells and 
considerable farming is carried on in this region. 

The largest badland area in the state lies southeast of 
the Black Hills and extends into Nebraska and Wyoming. 
The following description by Professor C. C. O'Harra is 
taken from his bulletin entitled, "The Badland Forma- 
tions of the Black Hills Region." This valuable bulletin 
is published by the South Dakota School of Mines, at 
Rapid City : 

''Much of the view from the top of Sheep Mountain, which pro- 
jects five hundred to six hundred feet above the lower valleys, is 
hopelessly indescribable. Far away cattle may be seen feeding on levels 
of green, and here and there distant dots in ruffled squares indicate 
the new abodes of sturdy homesteaders. Immediately about all is 
still. The sharp eye may possibly detect a remnant bunch of moun- 
tain sheep, once numerous in this locality, but quickly and quietly 
they steal to cover among the intricate recesses of the crumbling 
precipices. The song birds seem to respect the solitude. Only an 
occasional eagle screams out a word of curiosity or defiance as he sails 
majestically across the maze of projecting points and bottomless 
pits. 

' * Magnificent ruins of a great silent city seem painted in delicate 
shades of cream and pink and buff and green. Domes, towers, 
minarets and spires decorate gorgeous cathedrals and palaces and 
present dimensions little dreamed of by the architects of the ancients. 
At first there may come a feeling of the incongruous or grotesque, 
but studying more closely the meaning of every feature, the spirit of 
this marvelous handiwork of the Great Creator develops and vistas 
of beauty appear." 

Long, long ages ago there were great salt seas covering 
what is now the western plains. Great deposits of fine 
mud and sand were made in these waters. The sea bot- 
tom arose and became dry land. These deposits are now 
the rock layers underlying the plains. Many fresh water 
lakes were formed and into them and over the plains were 
washed fine clays. Later, streams carried sediments into 




Fig. 25. Head of Cottonwood Draw, in Center of tlie "Bad Lands. 

Layers of Sandstone in Clay Beds. The Sandstone Protects the 

Clay From Weathering and Wearing Away. The Isolated 

Caps Are Called "Ostrich Heads." 




Fig. 26. Government Diverting Dam Near Belle Fourche. 




Fig. 27. A Scene in the Black Hills — Sioux Pass. 




MiMMiM''^' 







Z. ' 'i'^'**J.i 



Fig. 28. In the Northern Part of Deadwood. ''Upturned and overlapping 

layers of rock." 



SURFACE FEATURES 47 

the region and the winds spread fine sand and dust over 
it. The fossil remains of many animals, some of them 
very large, have been found in these deposits. An uplift 
of the whole western plain occurred. The Rockies and 
the dome, which developed into the Black Hills, were 
uplifted. 

In the Bad Lands the surface is made up of very 
fine clay, with occasional layers of harder stone. The 
rainfall is not very great, but comes in heavy showers, 
and there are no trees, shrubs, or deep-rooted plants to 
hold the soft surface together. Under these conditions 
the ordinary weathering forces produce a very irregular 
surface, every rain washing out tiny canyons and ravines. 

Professor O'Harra, in his valuable bulletin, explains 
the development of the region as follows : 

''The badlands of the Black Hills region are the result of erosion, 
controlled in part by climatic conditions and in part by the strati- 
graphic and lithologic nature of the deposits. There is too frequent 
lack of appreciation of the work of common disintegrating and 
carrying agents and many an individual speculates* upon the mighty 
upheavals and the terrible volcanic forces that to him have pro- 
duced the'v^onderful ruggedness of the badlands, when the real work, 
so far at least as immediate topography is concerned, wholly apart 
from the forces of vulcanism, have been performed under a kindly 
pun and through benevolent combination by ordinary wunds and frosts 
and rains, and to a lesser degree by plants and animals. 

"What the earliest beginnings may have been is not knov/n. Suffice 
it to say that then, as now, the sun shone, the winds blew, and the 
rains came, and such irregularities as may have existed influenced 
in some degree the earliest run off. Season by season the elements 
weakened the uplifted sediments, and little by little the growing 
streams etched their way into the yielding surface. In time lateral 
tributaries pushed their way into the interstream areas and these 
tributaries in turn developed smaller branches, the series continuing 
with ever increasing complexity to the delicate etching at the top 
of the highest levels. 

''AH the important streams, the Little Missouri, the Grand, the 
Moreau, the Cheyenne, and the Belle Fourche, the Bad and the 
"White rivers, give indications of an eventful history, but for this 
there is little opportunity for discussion here. Cheyenne river and 
White river are the chief factors today in the production and con- 
tinuation of the badland features, and of these White river clings most 
closely to its task. The Cheyenne has already cleared its valley of 
the badlands deposits except in the important locality southeast 



48 SOUTH DAKOTA, A REPUBLIC OF FRIENDS 

of the Black Hills and in the western Pine Ridge area beyond the 
headwaters of White river, and even in these areas the main stream 
has cut entirely through the formations and in most places deeply into 
the underlying black cretaceous shales. White river, on the other 
hand, for more than fifty miles of its middle course, meanders across 
a wide alluvial bottom, underlain by badland sediments, while its 
many branched head and all of the larger tributaries from the south 
and many from the north continue to gnaw vigorously into deposits 
that retain much of their original thickness." 

QUESTIONS. 

NEAB TEE EEABT OF THE CONTINENT. Where in North 
America is South Dakota? The distance to the Atlantic? The 
Pacific? The Gulf of Mexico? The North pole? The equator? 

BLESSED LAND OF BOOM ENOUGH. What is the area of 
South Dakota? How does this compare with New England? With 
France? What is the density of the population? The length of the 
state east and west? The width? 

BOUNDABIES. Name the states which bound South Dakota. 
Name the boundary lines. 

LAND OF FEBTILE PLAIN AND PBAIBIE. Describe the sur- 
face of the state in general. What two low table lands are east of 
the Missouri river? What valley lies between them? What other 
rivers are here? Describe the surface west of the Missouri river. 
What is the origin of the term "Badlands?" Where are they? 
Name the five rivers of the western portion. What great project has 
been established by the United States in one of these valleys? 

THE ANCIENT ICE SHEET. What portion of North America 
was once covered with ice? What is the portion of the ice sheet 
called which covered what is now South Dakota? 

FBE GLACIAL CONDITIONS. What great stream once occupied 
the present James river valley? ''Rivers make their valleys, they do 
not find them. ' ' How deep a basin had the Missouri river carved 
out? By referring to the picture of the Alaskan glacier show how 
the clay east of the Missouri river was formed. Why are more stones 
and gravel found along the edge of a glacier than underneath it? 
What is meant by glacial drift? Have you ever found any stones 
having flat and scratched surfaces? 

GLACIAL LAKES. Name six glacial lakes of South Dakota and 
the county in which each is located. What caused them? Explain 
the cause of Lake McCook. 

MOBAINES. What are moraines and how are they formed? 
What are terminal moraines? Ground moraines? How many great 
terminal moraines are found in South Dakota? 

ALTAMONT MOBAINE. Copy the map showing this moraine. 
Where is it nearest to your home? From what is the name derived? 

GABY MOBAINE. What was the size of the Dakota glacier when 
this moraine was deposited? Copy the map showing its position. 

ANTELOPE MOBAINE. Where is this moraine to be found? 
Copy the map. Tell about Glacial Lake Dakota, 



SURFACE FEATURES 49 

KIESTEE MOBAINE. Where is this moraine? 

LAKES TB AVERSE AND BIG STONE. Where was glacial Lake 
Agassiz? What was River Warren? How were Lakes Traverse and 
Big Stone formed? What river is the outlet of each? 

MOUNTAINS FILLED WITH GEMS AND OBE. What is the 
area of the Black Hills region? Why so named? What is the 
height of the Black Hills as compared with the Appalachians? What 
is the highest peak and its altitude? Explain how the Black Hills 
were formed. Describe the hills around the granite center. In Fig- 
ure 20 the great plains lie off to the left; in Figure 26 to the right. 
Compare these with Figure 17. 

TEE BED VALLEY. Describe this valley. What did the Indians 
ca;il it? Why? What cities are located in this valley? What is the 
name of this rock formation? What valuable mineral is found in it? 

THE DAKOTA SANDSTONE. Where is this rock layer upturned 
to the surface? What use is made of it? Why is it especially inter- 
esting to us? 

ABTESIAN WELLS. Make a diagram like Figure 18, marking 
the Dakota sandstone. How is the water which is in these layers kept 
in? From whence does the water come? Why does it come to the 
surface in wells out on the plains? 

THE PBESSUBE. Suppose the well pipe at Aberdeen were pro- 
jected up in the air seven hundred feet. What would be the pressure 
at the top then? The top of the pipe would then be level with the 
plain to the west. (The altitude of Aberdeen is 1,300 feet; of 
Bowdle, 1,995 feet.) Why is the water pressure less on the higher 
plains than in the James river valley? 

A WABNING. What is the warning of the state geologist? 

THE BADLANDS. What is said of the fertility of the soil? 
Where is the largest badland region in the state? What bulletin has 
been published on this subject? Describe the appearance of this 
region. The rock layers. What conditions produce these surface 
features? 



CHAPTER HI 

CLIMATE 

Seasons. South Dakota has a continental climate, 
which differs from oceanic climate by having greater 
changes in temperature. The usual seasons of the tem- 
perate zone — spring, summer, fall and winter — are found 
here. Spring and fall are somewhat shorter than in the 
eastern portion of the United States, March often being 
a winter month and summer coming quickly in May. 
Winter sometimes sets in at about Thanksgiving time. 
Occasionally, however, we have an early spring, with 
seeding in March, and frequently there is little winter 
weather until Christmas time. 

AVERAGE DATES OF KILLING FROSTS. 

City. Last in Spring. First in Fall. True Summer. 

Aberdeen May 21 Sept. 18 120 days 

Brookings May 22 Sept. 18 119 " 

Huron May 12 Sept. 20 131 ' ' 

Sioux Falls May 12 Sept. 19 130 ' ' 

Yankton May 2 Oct. 3 154 ^ ' 

Pierre April 30 Sept. 30 153 '' 

Eapid City May 6 Sept. 26 143 '' 

Spearfish May 9 Sept. 27 141 ' ' 

St. Paul* April 27 Oct. 3 159 '' 

Temperatures. The average temperature for the en- 
tire state is about 45° for the year. The western half of 



* Cities of other states are given in some of the tables for comparison. 
All records are those of the United States Weather Bureau. Temperatures 
are of the Fahrenheit scale. 

50 



CLIMATE 51 

the state is slightly warmer than the eastern half. The 
average is 45.6" in the west and 45.5° in the east. The 
following table gives a good idea of the temperature as 
recorded by the United States Weather Bureau: 

TEMPERATURES. 

Year Average Lowest Highest 

records annual ever ever 

City. began. temperature, recorded recorded. 

Aberdeen 1890 41.9 —46 111 

Alexandria 1882 45.2 —38 110 

Brookings 1888 42.5 —41 104 

Clark 1889 42.6 —40 108 

Greenwood 1893 48.9 —37 111 

Highmore 1887 44.7 —40 108 

Huron 1881 43.3 —43 108 

Milbank 1890 42.8 —38 107 

Pierre 1891 46.7 —40 110 

Eapid City 1888 46.3 —34 106 

Sioux Falls 1890 44.7 —42 108 

Spearfish 1889 46.4 —30 105 

Yankton 1873 46.6 —34 107 

St. Paul 1836 43.9 —41 104 

January is the coldest month, though the coldest days 
are sometimes in December or in February. The average 
temperature for the state for January is 16.4°. The low- 
est temperatuFe average — 33°, although occasionally it 
gets as low as — 40°, though such temperatures are rare 
and remain so low for only a few hours, when the air is 
very still. 

July is the warmest month, the average temperature 
for the state being 72". The highest temperatures are 
often over 100°, although such temperatures occur only 
on one or two days, and then for only a few hours in the 
afternoon. It is very rare that the evenings of even the 
hottest days are uncomfortably warm ; usually summer 
nights are delightfully cool. 



52 SOUTH DAKOTA, A REPUBLIC OF FRIENDS 

AVERAGE TEMPERATURES. 
City 



Aberdeen . . 
Huron . . . . 
Pierre . . . . 
Eapid City. 
Yankton . . 
St. Paul . . . 



|Jan 


Feb 


Mar 


Apr 


May|Jun 


Jul 


Aug 1 Sep 


Oct 


Nov] 


10.9 


11.1 


24.9 


44.5 


55.8165.6 


71.2 


69.0159.2 


45.6128.5 


19.5 


12.9 


26.7 


44.6 


57.3 


66.6 


71.5 


69.1 59.6 


44.7 


27.4 


17.9 


18.1 


30.8 


47.8 


58.1 


68.2 


74.8 


73.4 63.6 


50.7 


33.3 


22.9 


22.2 


31.1 


45.6 


54.0 


63.7 


70.7 


70.0 61.2 


49.2 


35.4 


16.4 


19.2 


31.1 


47.3 


59.2 


68.6 


73.7 


72.2 63.1 


50.6 


33.9 


11.9 


15.4 


28.2 


45.8 


57.7 


67.2 


72.0 


69.7160.5 


48.4 


31.0 



Dec 



16.9 
15.7 

23.8 
29.4 
23.5 

18.8 



Winds. South Dakota lies in the zone of prevailing 
westerlies. Usually the surface air lying over the state 
is that which comes from the Rocky mountains, and 
hence has the dryness and crispness of mountain air. The 
moisture comes principally from the Gulf of Mexico and 
Atlantic ocean in the winds which "back in" to the pre- 
vailing drift of air from west to east across the United 
States. 

Cyclones and Anticyclones. As explained in any 
physical geography, there are two kinds of general dis- 
turbances in the air of this zone — low pressure storms of 
warm, damp, rising air, or cyclones, and high pressure 
storms of cool, dry, descending air, or anticyclones. 
These are huge eddies in the atmosphere, sometimes cov- 
ering one-half of the United States, and they always 
travel toward the east, A glance at any daily weather 
map of the United States will usually show several such 
cyclones and anticyclones, the center of the cyclone being 
marked 'low" and that of the anticyclone "high." 
These storms follow each other with considerable regu- 
larity, each one taking three or four days to cross over a 
given place. A few days of warm weather occur, with 
occasional clouds and showers, while a cyclone is passing 
over the state, followed by three or four days of the 
colder, clearer air of the anticyclone. In New England 
these follow each other more rapidly, making the climate 
much more changeable than it is here. An occasional 
long, hot spell in summer is due to a slow movement of a 



CLIMATE 53 

cyclone or to the influence of a second one closely fol- 
lowing. 

Tornadoes. The cyclone should not be confused with 
the tornado, the correct term for the small, violent and 
destructive storm which sometimes occurs within the 
area covered by a cyclone. A tornado is a small part of a 
cyclone and is due to the presence of very moist air and 
intense heat. Owing to the dryness of South Dakota air, 
tornadoes are very rare here. 

Chinook* Winds. These are frequent in the western 
part of the state, especially in winter. They are hot,t dry 
winds from the eastern slope of the Rockies. These winds 
usually occur often enough to keep the western grazing 
plains free from snow, for the nutritious Buffalo grass 
makes splendid grazing the year round. The rise in tem- 
perature when the Chinook winds blow is sometimes very 
rapid and snow disappears in a few hours. 

' ' First a puff of heat, summer-like in comparison with what had 
existed for two weeks, and we run to our instrument shelter to ob- 
serve the temperature. Up goes the mercury, 34° in seven minutes. 
ISTow the cattle stop traveling, and with muzzles turned toward the 
wind low with satisfaction. Weary with two weeks ' standing on 
their feet they lie down in the snow, for they know that their 
salvation has come; that now their bodies will not freeze to the 
grov.nd. The temperature has risen to 38°, the great expanse of snow 
is becoming damp and honeycombed by the hot winds, and we retire 
satisfied that the ' Chinook ' is a genuine and lasting one. ' ' — A. B. 
Coe, Monthly Weather Eeview, November, 1896. 

Blizzards. The blizzards (snow accompanied by high 
northerly wind), which sometimes sweep over the Dako- 
tas, Minnesota, Iowa and many other states, are severe 
storms which may occur to the east of an anticyclone. 

* Pronounced shee-nooV, the name of a tribe of Indians in Oregon. 

t Whenever air ascends it expands, and expansion of the air cools it 
one degree for every 183 feet of ascent. Tliis is the principal cause of 
rain. Now when a low pressure storm passes along the eastern slope of 
the Rockies the air flows over them and through the passes from the 
Pacific coast. As the air flows down the eastern slope it is warmed by- 
compression just as it was cooled by expansion on the western slope. 
When vapor changes to liquid, heat is always released. The Chinook wind 
thus gets its heat in these two ways (a) by compression, and (b) by tho 
release of heat in the upper air during the rain on the western slope. 



54 SOUTH DAKOTA, A REPUBLIC OF FRIENDS 

If there is loose snow on the ground and a strong wind 
blows, it may become a blinding blizzard, which lasts a 
day or two, piling the snow in drifts. These blizzards 
do not occur very often in South Dakota, several winters 
sometimes passing without a severe one. Modern con- 
veniences are now so common that the dread of the bliz- 
zard of pioneer days has almost disappeared. 

Wind Velocity. There is a common error concerning 
the winds of the prairie states — a belief that they are more 
severe than they are in reality. The average rate of 
winds, as recorded by the United States Weather Bu- 
reau at Pierre is 9.3 miles per hour;* at Rapid City, 8.1 ; 
at Yankton, 8.4; at Huron, 11.6. Comparing these with 
11.3 at Minneapolis, 13.2 at New York, 13.6 at Duluth and 
17.0 at Chicago, we see that the winds are not so severe or 
constant as many people believe. The reason why they 
seem more severe is because of the lack of forests and 
other wind protection, which as time passes is being over- 
come. When large groves are found on every farm and 
each town and city looks from the distance like a forest, 
the winds will be no more annoying in these prairie states 
than they are in central United States. 

Rainfall. It has been thoroughly shown that the aver- 
age rainfall is enough for farming by modern methods 
over practically the entire state. As in Iowa, Minnesota, 
Kansas and other agricultural states, the years with not 
enough rainfall are rare, and the state is now so pros- 
perous that an occasional wheat failure does not cause the 
great loss which occurred in pioneer days, when every- 
thing depended upon that one crop. 

Three important facts should be borne in mind in con- 
nection with rainfall in South Dakota: 1. Our rainy sum- 



* The instruments are placed as high up in the air as possible, above all 
buildings and trees. The unusual heights at which they are placed in 
New York and Chicago partly explain the great velocities there. 



CLIMATE 



55 



mers. 2. The saving of the moisture by forests and other 
plants. 3. Modern diversified farming. 

Rainy Summers. The rainfall at Yankton averages 
26 inches a year; at Naples, Italy, it averages about 40 
inches. If the soil and temperature at Naples are as 
favorable as at Yankton one might think that conditions 
for agriculture must be very much better at Naples than 
at Yankton. But a glance at Fig. 19 shows that Naples 
has very dry summers, having only two inches in June 
and July, whereas these are the rainy months at Yank- 
ton. In June we have more rain in South Dakota than 
we do all winter long (snow is melted and measured as 




Fig. 19. Rainy summers at Yanl<ton ; dry 
summers at Naples, Italy. 

rain), and this is just when we need rain for our growing 
crops. In winter Naples gets heavy rains, but they arc 
not valuable for agriculture. They must irrigate in south- 
ern Italy to get crops. If you know the rainfall of a re- 
gion you cannot tell whether it is favorable for farming 
unless you knozu zvhen the rain falls. 

A Favorable Comparison. That In South Dakota we 
have enough rainfall during the growing and ripening 
months of April, May, June, July and August is shown in 
a comparison of the average rainfall for many years dur- 
ing these months in a few selected cities of South Da- 
kota and a few in the rich agricultural portion of the 
Great Lake region. 



56 



SOUTH DAKOTA, A REPUBLIC OF FRIENDS 



City. Years. 

Centerville 11 

Aberdeen 20 

Yankton 37 

Flandreau 20 

Sioux Falls 20 

Buffalo, N. Y 77 

Detroit, Mich 40 

Milwaukee, Wis .... 40 

Erie, Pa 37 

Chicago, 111 40 



April. 


May. 


June. 


July. 


Aug. 


Total. 


1.74 


4.35 


4.92 


4.72 


3.48 


19.21 


3.46 


3.79 


4.43 


3.06 


3.12 


17.86 


2.94 


3.93 


4.02 


3.77 


3.15 


17.81 


2.51 


4.23 


4.46 


2.98 


3.35 


17.53 


2.52 


4.33 


4.44 


3.11 


2.98 


17.38 


2.48 


3.18 


2.99 


3.20 


2.98 


14.83 


2.21 


3.28 


3.82 


3.49 


2.73 


35.53 


2.76 


3.39 


3.62 


3.10 


2.84 


15.71 


2.43 


3.54 


3.76 


3.10 


3.11 


15.94 


2.72 


3.63 


3.52 


3.62 


3.02 


16.51 



These South Dakota cities have greater rainfall than 
most places in the state, but the average for the entire 
state during the five growing months is 14.55 inches, 
while that of the state of Michigan, right in the midst of 
the Great Lakes, is only 14.33 inches. South Dakota does 
not receive as much snow in winter or rain in the fall and 
spring as Michigan and other states to the east and 
southeast, but the ground here remains frozen all winter 
and there is very little evaporation until in the spring. 
When the moisture which is in the ground in the spring 
is kept in by cultivation with the disc and harrow, the 
growing season is just as favorable, for splendid crops in 
South Dakota as in the states having greater winter rains. 

Year — Chicago Buffalo Yankton Aberdeen Regularity of Rains. — 

1890 3.25 5.28 3.59 7.54 Even though our sum- 

1891 2.42 1.64 4.97 2.76 mer rains are abundant 

1892 10.58 9.52 2.95 5.36 it might be thought 

1893 3.59 1.65 3.22 1.29 that dry summers are 

1894 1.96 3.45 1.48 4.65 more frequent here than 

1895 . . 1.79 1.52 5.69 7.55 in the north central 

1896 2.82 1.46 3.28 6.26 states. The rainfall rec- 

1897 3.60 1.95 2.49 4.40 ords of the United 

1898 5.30 2.14 4.08 0.94 States Weather Bureau 

1899 2.71 . 0.69 2.51 7.14 do not show this to be 

1900 2.06 1.22 1.88 1.71 the case. South Dakota 

1901 2.42 1.39 6.84 5.82 , has no more frequent 

1902 6.45 4.20 5.03 3.92 dry summers than the 

1903 1.62 3.95 3.35 1.50 states bordering the 

1904 0.55 2.83 " 2.35 5.09 Great Lakes. The 

1905 3.27 3.45 3.68 7.40 month of June is the 

1906 1.87 1.77 2.62 2.66 critical one for rainfall. 

1907 3.64 1.91 6.08 3.02 A dry June usually 

1908 1.48 2.45 5.03 5.20 means a short crop. The 

1909 5.09 1.05 5.50 2.77 rainfall for this month 

1910 0.91 1.05 1.85 3.00 for twenty-one years at 

The rainfall in the month of June. such widely separated 

cities as Aberdeen and 
Yankton compare very favorably with similar records for Chicago and 
Buffalo. Count the numher of years when less than two inches of rain 
fell in each of the cities; xchen less than three inches fell. 



CLIMATE 57 

Plant Cover. The importance of protection against 
evaporation is very great. It has been shown that thir- 
teen inches of water during a year is enough in the hot 
climate of California if there is complete protection 
against evaporation. Forests are of great value in keep- 
ing moisture in the soil by preventing evaporation. There 
is no evidence that forests increase rainfall, but anyone 
who has gone into the woods after a rain knows how wet 
the ground stays for a long time after the prairie has be- 
come dry. Where there is no forest or plant cover for the 
soil, more water evaporates and more runs off. 

Modern Farming. The effect of cultivating the soil in 
closing the tiny cracks and opening is to prevent evapo- 
ration. Cultivating the soil cannot possibly increase rain- 
fall, but it does keep more moisture in the soil, so the 
efifect is just the same. An actual experiment showed 
that nearly 200 tons of water were saved by cultivation 
on each acre of land, a saving equal to an inch and three- 
fourths of rainfall ; and all of this in just one zveek.'^'' 
Examine a wheat field the day following a rain and you 
will find millions of tiny cracks broken through the crust. 
These permit much moisture to escape. Because a corn 
field can be cultivated during the early growing season 
and a wheat field cannot, corn is much better for saving 
moisture than wheat. 

The farmers of South Dakota have learned the im- 
portance of mixed or diversified farming. When rust 
seriously injured the wheat crop in some portions of the 
middle west in 1904, it did comparatively little damage, 
because corn, oats, barley, speltz, millet and forage crops, 
stock and dairy interests, were the greatest sources of 
profit for the farmers and furnished a sure income. 

Soils and Moisture. It is well known that the different 
kinds of soil require different amounts of moisture. 



* See "The Soil," by F. H. King, published by The Macmillan Company. 



58 



SOUTH DAKOTA, A REPUBLIC OF FRIENDS 



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a-SS" 









CLIMATE 



59 



Clayey soil is best for holding moisture and sandy soil is 
poorest. Nearly all of the soil of South Dakota is made 
from fine clay, and thus is the best possible kind to hold 
and use the water. 

Total Precipitation. The total precipitation (rain to- 
gether with snow and sleet melted and treated as rain) 
each year for the eastern half of the state averages 22 3 
inches, and for the western half 17.3 inches. 

CLIMATE PEEMANENT. There is a very widespread belief that 
the climate of South Dakota is changing, getting warmer and receiv- 
ing more rain. The weather records, carefully preserved, do not 
show any such change. The longest reliable records in the state are 
at Yankton*, extending back to 1873, and for the north central West 
at St. Paul, Minn., beginning in 1836. 




Fig. 20. Diagram showing Rainfall and Temperature at Huron. 



The three years of heaviest rainfall at these stations were as 
follows : 

Yankton, 40.95 in., 1881; 37.15 in., 1875; 35.21 in., 1883. 

St. Paul, 49.69 in., 1849; 39.16 in., 1881; 38.14 in., 1865. 

The ten-year period having the greatest rainfall was 1865-1874 at 
St. Paul, averaging 32.32 in.; 1875-1884 at Yankton, averaging 28.64 
in. It should not be inferred that rainfall was greater in pioneer 

* There are a few records at Fort Randall extending as far back as 
1857, and at Fort Sisseton from 18G6 to 1889, but these records are not 
complete. 



60 SOUTH DAKOTA, A REPUBLIC OF FRIEND^ 

years, excepting for the year mentioned, for the highest five-year 
period at St. Paul was 1902-1906, averaging 33.54: in.; at Yankton, 
1905-1909, averaging 29.06 in. 

A diagram showing the rainfall and temperature by years shows 
no general increase or decrease either in heat or moisture. A dia- 
gram of that of Huron is given here because the records there are the 
most reliable in the state, all of them having been made by the 
same government expert, Mr. S. W. Glenn. 

VEBIFICATION. Every weather record in this chapter has been 
obtained from the United States Weather Bureau. 

QUESTIONS 

SEASONS. Name the seasons. Briefly describe each. From the 
list showing the dates of killing frosts, find the city nearest your home 
and the average length of true sum^mer weather. 

TEMPEBATUEES. What is the average annual temperature of 
the state? Compare the temperatures in the western half with those 
in the eastern half. From the table find the warmest portion of the 
state; the coldest. What is the coldest month? What is the average 
temperature then? What do the lowest temperatures for the state 
during the month average? For how long at a time do these extreme 
temperatures prevail? What is the warmest month? What is its 
average temperature in South Dakota? What is said of extreme 
temperatures? Note the table showing average temperatures through- 
out the year. Which city of the list has the warmest January and 
coolest July? Compare the South Dakota cities with St. Paul. 

WINDS. In what wind zone is South Dakota? The air over this 
state has usually come from where? What is the source of the 
moisture ? 

CYCLONES AND ANTICYCLONES. What kind of weather does 
the cyclone bring? The anticyclone? How frequently do they occur? 

TORNADOES. Describe the tornado. In what kind of a general 
storm does the tornado occur? Why do they occur so rarely in South 
Dakota? 

CHINOOK WINDS. Describe these wdnds. Of what special value 
are they in winter, particularly on the western plains? 

BLIZZABDS. Describe the blizzard. What can you say as to their 
frequency? Why are they less dreaded than formerly? What common 
error is there concerning Dakota winds? What is the average hourly 
rate at Pierre? Huron? Eapid City? Yankton? Minneapolis? 
Duluth? New York? Chicago? Why do prairie wdnds seem more 
severe than they really are? 

WIND VELOCITY. What common error is there concerning 
Dakota winds? Compare the government records at South Dakota 
stations with those at Minneapolis and other cities. The high elevation 
at which the instruments are placed in Chicago and New York in part 
explains the high velocity there. Why do prairie winds seem meie 
severe than they really are? 



CLIMATE (31 

ilAINFALL. Is there enough rainfall for farming in South 
Dakota? What is the effect of a dry season now as compared with its 
effects in earlier years? 

BAINY SUMMERS. Compare the rainfall at Yankton with that 
of Naples. Compare conditions for farming in the two regions. 
What advantage has Yankton as shown in the diagram? 

A F Avon ABLE C02IPAEIS0N. Compare the amount of rainfall 
during_ the five growing months at South Dakota cities with those of 
the cities around the Great Lakes. Compare the average for the state 
with that for Michigan. What conclusion may we form? 

EEGULASITY OF EAINS. Con:pare the frequency of dry sum- 
mers in South Dakota, at least in the eastern half, with that of the 
Great Lakes states. Which is the critical month for rains? Less than 
two inches of rainfall in June usually has what effect on the crops? 
How many such dry months are shown in the table for Chicago? 
Buffalo? New York? Aberdeen? Yankton? 

PLANT COVEB. What can you say as to the importance of 
preventing evaporation? What is the great value of groves and 
forests ? 

MODEFiN DIVEFSIFIED FABMING. What is the effect of culti- 
vating the soil upon evaporation? Show that the effect is the same as 
if it increased rainfall. Show the importance of mixed farming. 

SOILS AND MOISTUEE. Discuss the ability of different kinds of 
soils to retain moisture. What kind of soil covers nine-tenths of 
South Dakota? What is the average annual precipitation for the 
eastern half of the state? For the western half? From the table 
find the city nearest your home and make a diagram showing the 
rainfall by months, 

CLIMATE PEBMANENT. What can you say as to the perma- 
nency of climate? W^hat do the weather records at Yankton and 
St. Paul show? Study Figure 20. The temperature and precipita- 
tion lines are higher some years and lower other years, but does that 
diagram show any tendency for them to continue to move either 
higher or lower? 

VEBIFICATION. From what authority have the records of this 
chapter been obtained. 

EXEBCISES. From the table showing precipitation find the city 
nearest your home. Make a diagram showing the average rainfall 
by months. At a great many places in the state there are co-operative 
observers of the United States Weather Bureau If there is one 
near where you live you can get temperature and rainfall staLiStles 
from him. 



CHAPTER IV 

INDUSTRIES AND INSTITUTIONS 

Pioneer Privations and Present Prosperity. Looking 
over old files of newspapers, published between 1860 and 
1880, one will find such topics as ''Famine in Kansas," 
''Failures in Dakota," and "The Poor Farmer of the 
Northwest." Those pioneer days of the dugout, and of 
lonesomeness and suffering, are now happily in the past, 
and no parts of the world enjoy such a steady prosperity 
as these rich agricultural north central states. As already 
stated, South Dakota for years has been, according to 
population, the richest state in the Union and each year 
produces the most new wealth. 

In our sudy of the surface 
of South Dakota, we noticed 
the clays of the glacial drift 
east of the Missouri river and 
the fine mud deposits in an- 
cient shallow seas to the west. 
When covered with vegetable 
mould these make the richest 
soils known. In the chapter 
on climate we noticed the 
abundance of rain during the 
growing months. The combination of the fertile soil and 
favorable climate and an Industrious and thrifty class of 
people explains why this is the "Land of Plenty." 

62 





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JO 70 
-O 60 
^ 50 

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Fig. 29. Bank Deposits in 
South Dakota. Note the steady 
increases. 



INDUSTRIES AND INSTITUTIONS ^3 

NEW WEALTH PKODUCED IN SOUTH DAKOTA, 1900-1910. 

1900 $106,500,000 

1901 113,652,750 

1902 119,949,000 

1903 136,124,000 

1904 116,792,000 

1905 126,686,261 

1906 145,821,831 

1907 160,232,344 

1908 : 185,434,430 

1909 202,362,000 

1910 181,188,000 

One of the best possible evidences of the steady growth 
in prosperity is the amount of money deposited in the 
banks of the state. Note the increase from year to year. 





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ii. 190 
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= 170 
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BANK DEPOSITS IN 
SOUTH DAKOTA, 1900-1910. 

1900 $14,733,000 

1901 19,194,500 

1902 29,422,500 

1903 30,611,100 

1904 28,607,300 

1905 34,759,700 

1906 45,046,200 

1907 57,769,900 

1908 68,833,000 

1909 78,830,000 

1910 87,784,000 

Corn is King. Corn is the 
principal crop of the United 
States and also of South Da- 
kota. Most of the corn produced in this state is raised 
in the southeastern part, though it is successfully grown 
in every portion. 

"In a report of the United States Department of Agri- 
culture issued November 8, 1909, South Dakota's yield 
of corn per acre is shown to be two-tenths of a bushel 
greater than that of Iowa. South Dakota stands second 
among all the great corn states in the amount of yield 
per acre, a fact that signifies much when one considers 



Fig. 30. The value of new- 
wealth produced, in South Da- 
kota. 



64 SOUTH DAKOTA, A REPUBLIC OF FRIENDS 

that lands in the older corn states are under a high state 
of cultivation, while in South Dakota much of the farm- 
ing land is newly broken and a considerable amount of 
corn is raised upon sod ground. 

"Compared with other states, South Dakota raises 
more corn than Minnesota, more than Michigan, and 
twenty-five times as much as North Dakota. She pro- 
duces more than all the New England states combined 
with New York, North Dakota, New Jersey, Delaware, 
Montana, Utah, Washington, Oregon, California, Colo- 
rado and Wyoming. The total production of corn in all 
these states combine<i was 143,000 bushels less than in 
South Dakota alone. 

"The average yield of corn per acre in 1908 was 2.7 
bushels more in South Dakota than it was in Nebraska; 
2.7 bushels more than in Missouri ; 7 .7 bushels more than 
in Kansas ; 4 bushels more than in Texas ; and 4.9 bushels 
more than in Oklahoma. The rich soil of South Dakota 
can produce, and in time will produce, more corn than 
any other state in the Union." 

COBN PALACE, At Mitchell there is maintained a fair each year 
in a ''Corn Palace," a large structure completely covered with corn, 
arranged in the form of pictures and emblems. It most beautifully 
testifies to the abundance of this product in South Dakota. 

Name some of the uses and varieties of corn. What is considered 
a good yield in your county? Explain the advantages of frequent 
cultivation of corn. 

The Bread Basket of America. This is the name which 
has been applied to the great wheat raising states of 
Minnesota, South Dakota, and North Dakota. In the 
pioneer days wheat was almost the only crop raised, and 
it ranks second to corn today. South Dakota ranks second 
among the spring wheat growing states (census of 1910). 
The quality of wheat produced is very high and the yield 
per acre among the highest in the United States. What 
are the principal varieties of wheat raised in South 








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Fig. 31. A South Dakota Cornfield. 

Fig. 32. Range Steers Shipped Fig. 33. Plowing Scene in South 

From Belle Fourche. They were Dakota. Eighty acres per day is 

grass fed only, but topped Chi- fair average for these two steam 

cago market for the year, up to outfits, 
the time they were sold, in Sep- 
tember, 1909. 

Fig. 34, Artesian Well on the 'Towers Farm," Edmunds County. 












Fig. 3 5. Corn Palace, Mitchel 




Fig. 3 7. Vegetables of all kinds do well in South Dakota. The pumpkins 

shown in this picture were grown in Butte County, 

near Belle Fourche. 




Fig. 36. Every village is a great 
grain shipping center. Line of 
grain elevators at Avon. 



INDUSTRIES AND INSTITUTIONS 67 

Dakota? Distinguish between winter and spring wheat. 
Which is raised in your vicinity? 

Hay, oats, barley, flax, potatoes, speltz, and rye are 
other crops in the usual order of their value. The kinds 
of hay most commonly used are the native wild grasses, 
bromus (a bunch grass obtained from Russia), timothy, 
and clover. Alfalfa, a kind of clover, is beginning to be 
raised in great quantities. It has a great variety of uses, 
for beef and dairy cattle, horses, hogs, and sheep, and the 
bees make honey from its blossoms. 

Live Stock. The native Buffalo grass is very nutritious 
and when it dries in the latter part of summer and early 
fall it "cures" naturally and makes excellent hay. Most 
grass if not cut at the right time withers and has little 
value. The native prairie grass may be cut until the 
snow flies, and cattle, horses, and sheep graze all winter 
and thrive with no other feed. It was these favorable 
conditions which early made the Dakota prairies famous 
for herding. While the farmer has gradually crowded 
the cowboy to the more western plains, the value of the 
live stock raised each year is greater than that of corn. 
Better grades of live stock have been introduced, and it is 
a very common thing for South Dakota cattle and hogs 
to "top the market" at Chicago and other stockyard cen- 
ters. Dairying constitutes a very important source of 
wealth, yielding a steady and sure income. 

Minerals. The Black Hills region is rich in many kinds 
of ores, especially gold. Many mines are operated with 
great success, the most famous one being the Homestake 
mine at the city of Lead. At this mine the gold ore is 
taken from open surface pits and also from underneath 
the surface. It is then pounded to fine powder under 
"stamps" and v/ashed over pans covered with mercury. 
The mercury retains most of the gold, which is after- 
ward separated from the mercury by distillation (heating 



68 SOUTH DAKOTA, A REPUBLIC OF FRIENDS 

until the mercury evaporates). About three-fourths of 
the gold from the Homestake ore is thus obtained. The 
ore is then washed down to great tanks in which a 
chemical called cyanide of potassium is poured, and this 
dissolves nearly all of the gold which escapes the mer- 
cury plates. A further treatment called the ''sliming 
process" is also given the ore under water pressure to 
recover the very small proportion of gold which is still 
left in it. Several thousand men are employed in this 
great mine. 

Silver, mica, lead, spodumene (used in making lithia 
salts), tungsten (used for hardening steel and alumi- 
num), tin, copper, iron, manganese (used to increase the 
hardness of steel), graphite (used in pencils), and other 
rare and valuable minerals are also found in this region. 
The mica industry at Custer is said to be one of the most 
extensive in the United States. Very valuable beds of 
gypsum (used in making cement and plaster) are found 
in the ''red valley," especially at Hot Springs. Onyx, 
agates, garnets, and other valuable gems are also found 
in the Hills. 

Many valuable building stones are found in this re- 
gion, marble, limestone, and sandstone being the most 
important. In the southeastern part of the state, espe- 
cially at Dell Rapids and Sioux Falls, is found a beautiful 
pink quartzite. This is a building stone that resembles 
in appearance granite and is very hard and durable. 

The "Niobrara" chalkstone, which is found in abun- 
dance from Chamberlain to Yankton, makes a very high 
grade of portland cement. At a great many places in the 
state there is clay suitable for making brick. There are 
somewhat extensive coal deposits, principally lignite, in 
the northwestern portion of the state, but as yet they 
are worked only for local uses. 

Eggs and Poultry. People do not usually appreciate 



INDUSTRIES AND INSTITUTIONS 69 

the immense value of these products. Several million 
dollars' worth are produced each year in this state, — 
another sure and steady source of wealth. 

Natural Gas. In many places the artesian water has 
natural gas in it, and by means of a tank this is separated 
and used for fuel and light. It is used most extensively 
at Pierre. 

People. The early settlers of South Dakota came from 
other northern states, principally from Iowa, Wisconsin, 
Illinois, and Minnesota, and from northern Europe. The 
proportion of foreign born persons is between fifteen and 
twenty per cent. About one-half of our population have 
foreign born parents ; most of them came to this country 
from Norway, Germany, Russia, Sweden, Canada, and 
Denmark, though many other countries are represented. 
Few came to South Dakota from the ranks of the very 
rich or the very poor, practically all being of the 
well-to-do, industrious, enterprising, healthy pioneer 
type. It is this class of God-fearing, earnest, and pro- 
gressive people that makes up the citizenship of the 
state today. 

A Law-abiding Citizenship. The census shows that 
one-third of our people were born in this state but that 
less than one-thirtieth of our criminals come from these 
native sons and daughters. This clearly shows the char- 
acter of the people who make up the life and progress of 
South Dakota. This fact also contains a bright prophecy 
of an increasingly better future. Our criminal class is 
very small, but the great majority of those we do have 
are from the people who ''drift" into the state. 

Farm Life. Life on the farm in years gone by was 
usually one of unending toil and had few comforts. This 
has all changed. With rural routes bringing the daily 
mail, and telephones throughout the country, the farmer 
no longer lives aoart from the world. Prosperous times 



70 SOUTH DAKOTA, A REPUBLIC OF FRIENDS 

have brought labor-saving machinery, automobiles and 
good driving horses, comfortable houses with modern 
conveniences, and the farmer has nearly every advantage 
of the city dweller, with none of the noise, discomfort 
and high taxes of crowded cities. Thousands of farmers 
of South Dakota have artesian wells, furnishing an abun- 
dance of wholesome water under pressure so that they 
may pipe their houses and barns, and many run motors 
which generate electricity to furnish a flood of light in 
the house, yard, and barn. To be sure, there is hard 
work to be done, but this is true of every occupation if 
one would be successful. There is no place where there 
is a better opportunity to apply intelligence and education 
than on' the farm. 

Cities 

South Dakota is an agricultural state and its farms 
will always be its greatest source of wealth and pros- 
perity. At the railroad centers thriving cities are grow- 
ing as trading points. The three largest ones have all 
modern improvements, such as street cars and paved 
streets, and all have electric lights and water works, 
good schools, and many churches. A few of the largest 
cities are mentioned here and those where important 
institutions are located. The population of every city, 
town, and village in the state is given in the Appendix. 

Sioux Falls. This is the metropolis of the state, located 
at the rapids of the Big Sioux river. It is noted as a 
manufacturing and railroad center. Some quarrying is 
done in the beds of quartzite found here. Sioux Falls 
College (Baptist), All Saints School (Episcopal), and the 
Lutheran Normal School are located here. It is also 
the seat of an orphans home, the state -school tor deaf 
mutes, and the state penitentiary. 

Aberdeen. This is another growing and prospcTous 



INDUSTRIES AND INSTITUTIONS 71 

railroad and shipping center, having many industries. 
It is the seat of the Northern Normal and Industrial 
School, maintained by the state. The United States 
government has its internal revenue office here, for the 
collection of taxes on the manufacture and sale of liquor 
and the manufacture of tobacco in the Dakotas. 

Lead. This city gets its name from the miner's term 
lead (pronounced leed), or lode, v^^hich means a vein of 
ore. It is well named, for all around and under the city 
are vast gold ore deposits. The famous Homestake gold 
mine is located here, the greatest of its kind in the 
world. The wonderful ore deposits have made Lead the 
metropolis of the Black Hills. 

Deadwood. This is the county seat of Lawrence 
county and the second most important Black Hills city. 
It is one of the oldest cities of the region and was famous 
in pioneer mining days. Its prosperity is based largely 
upon the mining done in the vicinity and its situation 
as a trading center. A United States assay office is 
located here, to which gold and silver bullion may be 
taken for tests as to purity. 

Rapid City. This city is often called the "gateway to 
the Hills," as it is located at the natural and easy entrance 
into that mountainous country. It is the seat of the 
state school of mines, which has a national reputation 
because of the splendid location near a great variety of 
ores and because of the high grade of work done. The 
United States has established a large Indian school and 
a Weather Bureau station at Rapid City. Altitude, 
3,196 feet. 

Spearfish. This is another beautiful Hills city just 
outside the canyon of Spearfish river, where the finest 
scenery of the region is found. A large state normal 
school is located here. The United States has estab- 
lished a fish hatchery at this place, especially for the 



72 SOUTH DAKOTA, A REPUBLIC OF FRIENDS 

culture of trout. This region is famous for its fruits, 
apples, and berries. Altitude, 3,647 feet. 

Sturgis. This is a trading point for a great grazing 
region. Fort Meade, a United States cavalry post, is 
located just outside the city. Bear Butte, six miles north- 
east of Sturgis, is an isolated peak of porphyry 4,422 feet 
high, one of the most prominent landmarks of the state. 

Hot Springs. This is a health resort of national fame. 
It receives its name from the springs of warm water 
which are found here. The state soldiers' home is 
located here, and also a national home for soldiers. 
A few miles from Hot Springs is the famous Wind Cave, 
set apart as a national park. This cave is a thousand or 
more feet deep and many miles long. It was caused by 
an ancient geyser. Altitude of Hot Springs, 3,450 feet. 

Custer. This is the oldest town in western South 
Dakota. Gold was first discovered here in 1874. Near 
by is Sylvan Lake, a famous mountain health and pleas- 
ure resort; and just beyond this is Harney Peak, the 
highest point in the state, 7,244 feet high. The climate 
is so admirably adapted to the cure of consumption that 
a tuberculosis sanitarium has been established here by the 
state. It is maintained at public expense. The altitude 
of Custer is 5,322 feet. 

Watertown. The fourth largest city of the state is a 
prosperous railway and distributing center for a rich 
agricultural section. Four miles from the city is Lake 
Kampeska, a popular chautauqua and summer resort. 
Altitude, 1,735 feet. 

Mitchell. This is the second largest city of the James 
River Valley. It is the seat of Dakota Wesleyan Univer- 
sity (Methodist Episcopal). Altitude, 1,292 feet. 

Huron. This is an important point on the Chicago & 
Northwestern railway. It is the seat of Huron College 
(Presbyterian). The United States has maintained a 



INDUSTRIES AND INSTITUTIONS 73 

Weather Bureau station here since 1881. Altitude, 1,285 
feet. The state fair is held each year at Huron. 

Yankton. Yankton is called the "Mother City of 
Dakota" because it was so prominent in the early history 
of the territory, being the capital from 1861 to 1883. 
Large portland cement works are located here. It is the 
seat of Yankton College (Congregational). The state 
asylum for the insane is located near the city. A United 
States Weather Bureau station is maintained here. 
Altitude, 1,206 feet. 

Brookings. This is the seat o the State College of 
Agriculture and Mechanic Arts. The boys and girls 
living on South Dakota farms should learn of the work 
of this splendid school, maintained in part by the state 
and in part by the United States, to train for the farm 
and shop ; and this is excellent training for any kind 
of life. 

Madison. The oldest state normal school in the 
Dakotas is located here. General Beadle was its presi- 
dent for many years. Altitude, 1,663 feet. A chautauqua 
assembly is held annually at Lake Madison. 

Pierre. The capital of the state is located on beautiful 
terraces of the Missouri river. It is an important stock 
shipping point. The United States has established here 
an Indian school, a Weather Bureau station, and a land 
office. The new capitol building is a beautiful structure. 
Altitude of the river here, 1,440 feet. 

Fort Pierre. This city across the river from Pierre is 
an excellent business center. 

Canton. This city is twenty miles south of Sioux Falls. 
Augustana College (Lutheran) is located here, and a mile 
to the east is the only asylum for insane Indians in the 
United States. An annual chautauqua is held in a beauti- 
ful park on the Big Sioux river. 

Vermillion. This is the seat of our state university. 



^4 SOUTH DAKOTA, A REPUBLIC OF FRIENDS 

Colleges of arts and sciences, law, medicine, engineering*, 
music, and commerce are maintained. The professor of 
geology is the state geologist. Altitude, 1,150 feet. 

Redfield. This city is the seat of Redfield College 
(Congregational). The northern hospital for the insane 
(a school for feeble-minded) is located near the city. 
Altitude, 1,300 feet. 

Springfield. The third state normal school was located 
here. It is beautifully situated on the banks of the Mis- 
souri river. Altitude, 1,234 feet. 

Plankinton. The state training school for juvenile 
offenders is located here. Its purpose is to reform the 
evil habits and tendencies of the young criminals com- 
mitted to the school. Altitude, 1,528 feet. 

Educational Institutions 

In chapter XIV we shall make a study of the public 
school system, embracing the common school of the first 
eight grades, the high school or next four grades, and 
the higher educational institutions. One of the main 
purposes of the teacher is to help the pupil to make the 
most of himself, to lay deep and broad the foundations 
for life. A test of the success of any teacher is the 
number of young people who are inspired to continue 
their education in some higher institutions.. There is 
probably no state in the Union and no other portion of^ 
the world zvhich has so many higher educational insti- 
tutions in proportion to population as South Dakota. 
Every boy and girl in this state should know of these 
educational centers. The teacher's desk or school library 
should contain catalogues from the prmcipal higher 
institutions. 




Fig. 39. State University, Vermillion. 



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Fig. 40. State College, Brookings. 




Fig. 41. State School of Mines, Rapid City. 




Fig. 42. State Normal School, Springfield. 




Fig. 43. State Normal School, Spearfish. 




Fig. 44. State Normal School, Madison. 




Fig. 45. Northern Normal and Industrial School, Aberdeen. 



J 

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Fig. 46. Huron College. 




Fig. 4 7. Yankton College. 




Fig. 48. Dakota Wesleyan University. 
Mitchell. 




Fig. 49. RcaiielU College. 




Fig. 5 0. Sioux Falls College. 




Fig. 5l. Augustana College, Canton. 



INDUStRiES AND INSTITUTIONS t§ 

THE BEST SCHOOLS IN THE WORLD FOR THE 
YOUNG PEOPLE OF SOUTH DAKOTA 

Maintained by the State 

University of South Dakota, Vermillion ; president, 
Franklin B. Gault. 

State College of Agriculture and Mechanic Arts, 
Brookings ; president, Robert L. Slagle. 

State School of i\Iines, Rapid City; president, Charles H. 
Fulton. 

State Normal School, ]\Iadison ; president, John W. 
Heston. 

State Normal School, Spearfish ; president, Fayette L. 
Cook. 

State Normal School, Springfield ; president, Gustav G. 
Wenzlaff. 

Northern Normal and Industrial School, Aberdeen ; 
president, George W. Nash. 

Maintained by Churches 

Yankton College (Congregational), Yankton; presi- 
dent, Henry K. Warren. 

Sioux Falls College (Baptist), Sioux Falls; president, 
Edward F. Jorden. 

Huron College (Presbyterian), Huron; president, H. C. 
French. 

Dakota Wesleyan University (Methodist Episcopal), 
Mitchell ; president, Samuel F. Kerfoot. 

Redfield College (Congregational), Redfield; president, 
Noah C. Hirschy. 

All Saints' School (Episcopalian), Sioux Falls; ]\Iiss 
Helen Peabody. 

The following schools do school work a year or more 
beyond the high school : Lutheran Normal School (Scan- 
dinavian Lutheran), Sioux Falls; Augustana College 



80 SOUTH DAKOTA, A REPUBLIC OF FRIENDS 

(Scandinavian Lutheran), Canton; Ward Academy (Con- 
gregational), Academy; Columbus College (Catholic), 
Chamberlain; Mennonite College, Freeman; Wessing- 
ton Springs Seminary (Free Methodist), Wessington 
Springs; and Eureka College (German Lutheran), 
Eureka. 

QUESTIONS. 

PIONEEB PBIVATIONS AND FEESENT PBOSPEEITY. Com- 
pare life in pioneer days with life today. What two conditions form 
the basis of prosperity? What do the records show as to the amount 
of wealth produced from 1900 to 1910? What do the sums deposited 
in banks in various years show? Compare the amount in 1900 with 
that in 1910. 

COEN IS KING. Tell what you can concerning the production of 
corn in South Dakota. How does the average yield per acre compare 
with other states? Tell about the corn palace at Mitchell. 

TEE BEEAD BASKET OF AMEEICA. Tell about the production 
of wheat in South Dakota. Name the other principal crops. What 
kinds of hay are produced? For what is alfalfa used? 

LIVE STOCK. Describe the native prairie grass. What is said 
of the value of the live stock produced in South Dakota each year? 
The grades? Of dairying? 

EGGS AND POULTEY. What is the value of these products? 

MINEEALS. Tell what you can of the Sioux Falls quartzite. Of 
the Niobrara chalkstone. Of brick making. 

NATUEAL GAS. Where in South Dakota is this found? How 
obtained? 

FAEM LIFE. Compare life of today with that of times past. 
What advantages have cities over the country; the country over the 
city? What are some of the modern conveniences of the South Dakota 
farmer ? 

CITIES. What causes cities to develop? What modern conve- 
niences do the three largest cities of the state possess? The other 
cities? As each city is taken up, the pupil should be able to locate 
it on an outline map of the state. Pupils should readily name and 
locate every city having a higher educational institution or state 
charitable or penal institution. The population of a few, at least, 
should be known. A blackboard map having the county lines painted 
in white will prove very helpful and save much time. A pupil should 
be able to sketch rapidly upon the blackboard an outline of the state, 
locate the rivers. Black Hills, principal cities, etc. Some teachers 
require every pupil to be able to draw from memory a map of thff 
state, showing every county and its county seat. To learn to do this 
takes a great deal of time which, perhaps, could be better spent in 
learning more important and more useful things. 



INDUSTRIES AND INSTITUTIONS 



81 



IMAGINARY JOUBNEYS. A splendid exercise is the taking of 
imaginary journeys to important cities, giving railroads, towns passed 
through, distances, things seen, etc. The use of railway folders and 
county maps will be found very helpful. For example, a pupil might 
take an imaginary visit (an actual one would be vastly better, of 
course) to the state university. From a railway folder he could learn 
the time he would take the train, w'here cars would be changed, and 
when he would arrive at Vermillion. From the catalogue of the school 
he could get much information about the buildings, grounds, president 
and professors, courses of study, and other matters of interest. 






1 ^ 3 


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Tine 







Fig. 52. Diagram Showing the Legal Division of Time in South Dakota. 



CHAPTER V 



THE BIRTH OF A REPUBLIC 



' ' The congress shall have power to dispose of and maJce all needful 
rules and regulations respecting the territory and other property of 
the United States." ^'New States may 'be admitted hy the congress 
into this Union." — Constitution of the United States. 

Colonial Period. After the discovery of America by 
Columbus in 1492 Spain claimed all of North America. 
Gradually she was compelled to give the region east of 

the Appalachians to 






-V-- 



t^ 



:^s 



England, and the Mis- 
sissippi and St. Law- 
rence basins to 
France. As a result 
of the French and In- 
dian war of 1756 to 
1763, France gave up 
all claims to this con- 
tinent, save two little 
fishing islands. She 
gave Louisiana to 
Spain in 1762 and 
Canada and the 
Northwest territory 
to England in 1763. 
In 1800 Spain gave 
Louisiana back to France, and the United States bought 
it in 1803 from Napoleon, who then was ruling France. 

82 










Fig. 53. The Louisiana Purchase. "Near- 
Ij' all of South Dakota was a part of the 
Louisiana Purchase of 1803, the remainder 
being in the Red river valley, acquired 
from Great Britain in 1818." 



THE BIRTH OF A REPUBLIC 83 

Louisiana Purchase. The great tract of land pur- 
chased from France in 1803 included all the land drained 
by western branches of the Mississippi. Nearly all of 
what is now South Dakota was a part of the Louisiana 
purchase. The northeastern part of Roberts county is 
drained into Lake Traverse, and this is drained into 
Hudson Bay, so it was not included in the Louisiana 
purchase. In 1818, by a treaty with Great Britain, the 
49th parallel was made the northern boundary of this 
region. We thus acquired the famous Red River valley. 

The Louisiana Purchase "was divided by Congress into the terri- 
tory of Orleans (the present area of Louisiana) and the ''District" 
of Louisiana. In 1805 this district was made a territory and gov- 
erned by a governor and three judges appointed by the President. 

Missouri Territory. In 1812 congress provided that 
the territory of Orleans should become the state of 
Louisiana and the territory of Louisiana should be called 
the territory of Missouri. The people living in the terri- 
tory were given the right to elect a legislature and to 
make laws subject to the approval of congress. Until 
1834 what is now South Dakota was in Missouri 
territory. 

Michigan Territory. In 1834 congress created the 
territory of Michigan and made it include what is now 
Michigan, Wisconsin, Iowa, Minnesota, and the portion 
of the Dakotas east of the Missouri and White Earth 
rivers. W^hat is now South Dakota was then partly in 
Michigan territory and partly in Missouri territory. 

Wisconsin Territory. In two more years, that is, in 
1836, Michigan was given its present boundaries and 
the remainder of the area comprised Wisconsin territory. 
What is now South Dakota was for the next two years, 
1836-8, partly in Wisconsin territory and partly in Mis- 
souri territory. 

Iowa Territory. In 1838 congress gave Wisconsin its 



84 



SOUTH DAKOTA, A REPUBLIC OF FRIENDS 



present boundaries and created the territory of Iowa 
out of the remainder of its area. In what two territories 
was the region which is now called South Dakota? 

Minnesota Territory. In 1849 congress created Minne- 
sota territory, to comprise the region left* after Iowa was 
admitted as a state in 1846. In what two territories did 
our present state then lie? 

Nebraska Territory. In 1854 congress created Nebraska 
territory west of the Missouri river. What is now South 
Dakota was then partly in Minnesota territory and partly 
in Nebraska territory. 

Land of the Dacotahs. 
In 1858 the state of Min- 
nesota was admitted by 
congress, and no provi- 
sion was made for the 
government of the re- 
gion between the west- 
ern boundary line of 
Minnesota and the Mis- 
souri river. This coun- 
try was then called the 
"Land of the Dacotahs." 
From 1858 to 1861 this condition prevailed, and during 
this time the people living in this region took the affairs 
of government into their own hands. 

Lewis and Clark Expedition. Before we continue the 
account of the steps which led to the establishment of 
this "Republic of Friends," let us briefly study the main 
facts concerning the coming of the white man to this 
region. In 1803 the United States purchased the great 
stretch of country known as Louisiana. There was much 
opposition to this purchase, and congress and President 
Jefferson were very anxious to find out what sort of 




Fig. 54. Land of the Dacotahs "left with- 
out any government from 1858 to 1861." 



THE BIRTH OF A REPUBLIC 85 

country it was. Arrangements were made for an explor- 
ing party to examine the region and give a report of it. 

To head this expedition Jefferson chose Meriweather Lewis, a 
kinsman of his and former private secretary, and William Clark, a 
younger brother of the famous John Eogers Clark, who rescued the 
Northwest Territory from England during the Revolutionary war. 
With abundant provisions the party left St. Louis in May, 1804, 
traveled up the Missouri river to its headwaters, then over the Rocky 
mountains and down the Columbia river to the Pacific ocean. The 
trip there and back occupied two years, and the story of their ex- 
periences with the Indians is a most interesting one. They passed 
through what is now South Dakota in the latter part of the summer 
of 1804 and found two or three white traders in an Indian village 
near the mouth of the Grand river. This country had all been 
traveled over by French traders before this and French and Indian 
names given to many places. 

Early Trading Posts. Trading posts were established 

along the Missouri, Big Sioux, and James rivers, the first 
permanent one being at the mouth of the Bad (or Teton) 
river about 1817. Fort Tecumseh was built a short dis- 
tance to the north of this, and owing to the unfavorable 
situation a new fort was built near by in 1831-2. When 
it was completed, in 1832, Pierre Chouteau, Jr., a promi- 
nent fur trader of St. Louis, made a trip up the Missouri 
river in a steamboat made especially for Missouri river 
trade. Upon his arrival the new fort was named, in his 
honor. Fort Pierre. The city of Fort Pierre has grown 
up in the vicinity. 

An Indian Country. Until 1851 all of what is now 
South Dakota belonged to the Indians. The history until 
this date is filled with accounts of rivalry among fur 
traders, wars among the Indians, and occasional blood- 
shed between whites and Indians. Their connection 
with the South Dakota of today is so remote, however, 
that we must pass on to the period of establishing homes 
and civilized life on these plains. 

First Indian Cession. It will be remembered that 
Minnesota territory, created by congress in 1849, ex- 



SQ SOUTH DAKOTA, A REPUBLIC OF FRIENDS 

tended from Wisconsin to the Missouri river. In 1851 
Governor Ramsey and a federal officer made a treaty 
with the Wahpeton and Sisseton Indians whereby they 
gave up their claim to "all lands east of the Sioux Wood 
and Big Sioux rivers and Lake Traverse to the Missis- 
sippi river, excepting a reservation 100 miles long by 20 
miles wide on the headwaters of the Minnesota river." 

Territorial Plans. When there was talk of the admis- 
sion of Minnesota as a state, prominent politicians in 
St. Paul conceived the idea of making the western boun- 
dary of the state somewhere east of the Big Sioux river, 
leaving a strip of land open to settlement which they 
might occupy and have created into a territory for their 
own benefit. Accordingly, the Dakota Land Company of 
St. Paul was formed and in 1857 settlements were made 
in several places in the vicinity of Sioux Falls. Another 
land company, known as the Western Land Company, 
was formed at Dubuque, Iowa, at about the same time 
and sent settlers to the same region. The Iowa people 
arrived first and took possession of the lower falls of 
the present site of the city of Sioux Falls, where they 
erected a saw mill. This region was at that time in 
Dakota county, an immense county extending from St. 
Paul to Yankton. The governor of Minnesota territory 
then created a new county of this Big Sioux region, 
calling it Big Sioux county. Minnesota became a state 
in 1858, making its western boundary not at the Big 
Sioux river but at a line due south of the outlet of Big 
Stone Lake, leaving the "Dacotah" land outside of any 
state or territory. 

Government Established but Not Recognized. The 
people of Big Sioux county at once proceeded to organize 
a territorial government as they had planned all along. 
Alpheus G. Fuller, of the Dakota Land Company, was 
chosen delegate to congress, getting his certifica^.e of 



THE BIRTH OF A REPUBLIC 87 

election from the county commissioners. A legislature 
was elected, which met at Sioux Falls and adopted the 
laws of Minnesota and chose Henry Masters governor. 
Congress refused to recognize this government. The 
people, however, continued their government, choosing 
a new legislature the next year and electing Jefferson P. 
Kidder as delegate to congress and Wilmot W. Brook- 
ings as governor. In 1858, Medary, one of the settle- 
ments north of Sioux Falls, named after the last terri- 
torial governor of Minnesota, was burned by Yankton 
Indians and the settlers driven out. Before many more 
years had passed the other settlements in this valley, 
including Sioux Falls, were abandoned because of war- 
like activities of the Sioux. Permanent settlements, 
however, were made here after the Civil war was over. 

Second Indian Cession. Once more we must notice 
the year 1858. It was in this year that a treaty was made 
with the Yankton Indians, opening for settlement the 
splendid region between the Big Sioux river and the 
Missouri as far north as Pierre, reserving a tract for 
the Indians in what is now Charles Mix county. This 
treaty was brought about largely through the influence 
of Captain J. B. S. Todd, T. Brugnier, and C. F. Picotte. 
In July of the next year, A. H. Redfield, agent for the 
Yanktons, arrived in a steamboat with a cargo of provi- 
sions for them. He arrived at Yankton just in time to 
prevent trouble on the part of some Indians who were 
dissatisfied with the treaty. The Indians speedily fol- 
lowed him to the reservation. 

Permanent Settlement. With the year 1859 begins the 
permanent settlement of families in what is noAv South 
Dakota, and here we commence the history of this white 
"Republic of Friends." Hundreds of settlers hurried 
over the Missouri river from Nebraska the very day the 
Indians swarmed to the reservation, following agent 



88 SOUTH DAKOTA, A REPUBLIC OF FRIENDS 

Redfield with his boat-load of provisions. Towns were 
started at Vermillion, Yankton, and Bon Homme. The 
next year the first school house, a small log building, 
was erected at Bon Homme. In 1860 log churches were 
built at Vermillion and Yankton. 

In the meantime the rival settlements on the Big Sioux 
were carrying on a territorial government, though they 
had no legal powers whatever. The later settlements 
along the Missouri now took up the agitation for a terri- 
torial government, with better success. 

''These pioneers on the 8th of November, 1859, assembled in 
mass convention to petition congress for a territorial organization, 
A memorial was drafted and signed by the citizens of the territory, 
which was conveyed to Washington by J. B. S. Todd calling the at- 
tention of the government to our situation. But the government 
appears to have looked with more surprise than compassion on these 
early political freaks of Dakotans. The session passed, congress 
adjourned, and amid the tumultuous preparation for a presidential 
election and the muttering thunders of a rising rebellion, Dakota 
was left ungoverned and unorganized. 

''Not to be discouraged by this partial failure, the pioneers as- 
sembled again in mass convention at Yankton, December 27, 1860, 
and again on January 15, 1861, and prepared an earnest and lengthy 
memorial to congress, which was signed by 578 citizens and forwarded 
to the speaker of the house and the president of the senate. Again 
a cloud hung dark over Dakota's prayer. A new president had iDeen 
elected — the old power was retiring, a new one advancing — and the 
rebellion which but the year before was muttering in smothered tones, 
had now burst forth in all its fury, and was bearing upon its mad- 
dening waves seven revolted states of the Union. But through the 
gathering darkness a ray of light was seen. The old power could 
organize, the new one appoint, and on the second day of March, 
1861, President Buchanan approved the bill giving to Dakota a 
territorial government. 

' ' The news did not reach Yankton until the thirteenth of the 
month, and on that night hats, hurrahs and town lets 'went up' to 
greet the dawning future of the Great Northwest. ' ' — The Early 
Empire Builders of the Great West, by Moses K. Armstrong. 

Dakota Territory. On March 2, 1861, President 
Buchanan signed an act of congress providing for the 
government of Dakota territory. A vast country was 
included, embracing what is now the Dakotas, Montana, 
and a portion of Idaho and Wyoming. The southern 



THE BIRTH OF A REPUBLIC 



89 




Fig-. 55. 



Dakota Territory from 1861 to 
1863. 



boundary was the 43d parallel to where it intersects the 
Keya Paha river; down that stream to the Niobrara 
river; down that stream to the Missouri river; then 
down the Missouri 
to the mouth of the 
Big Sioux river. In 
1882 this boundary 
was changed by giv- 
ing Nebraska the 
small area south of 
the 43d parallel and 
north of the Keya 
Paha and Niobrara 
rivers (see Fig. 55). 

Early Government. 
Congress provided for the government of the territory 
and set aside sections 16 and 36 in every township for 
school purposes. In accordance with the act of congress, 
President Lincoln appointed the following officers : 
every township for school purposes. In accordance with 
the act of congress, President Lincoln appointed the 
following officers : 

Governor, William Jayne of Illinois; Secretary, John Hutchinson 
of Minnesota; United States Attorney, William E. Gleason of Mary- 
land; United States Marshal, William F, Schaffer; Surveyor-General, 
George D. Hill of Michigan; Chief Justice, Philemon Bliss of Ohio; 
Associate Justices, S. P. Williston of Pennsylvania, and J. S. Will- 
iams of Tennessee. 

The First Legislature. The governor made Yankton 

the temporary capital and called an election to choose a 

legislature and delegate to congress. Captain J. B. S. 

Todd was elected delegate. The first legislature was 

small, consisting of a council of nine members and a house 

of representatives of thirteen members. It met March 7, 

1862, and among the laws passed were the location of 

the capital at Yankton, where it remained until 1883 ; 

the territorial university at Vermillion (no buildings 



90 



SOUTH DAKOTA, A REPUBLIC OF FRIENDS 



"_-CXR-^-D^- 



were erected until 1882), and penitentiary at Bon 
Homme.* While those were the very early days of 
civilized life in Dakota, it is interesting to note that 
this legislature incorporated "The Old Settlers' Historical 
Association." 

Government O r - 
ganized. The jus- 
tices of the territo- 
rial supreme court 
(later increased to 
five) also acted as 
judges in the district 
courts, trying cases 
in the different coun- 
ties. County gov- 
ernments were or- 
ganized, school dis- 
tricts were created, 
and towns and cities 
organized their local 
government on the 
same general plan as 
today. 
Division of the Territory. The area embraced in 
Dakota territory was too large, so in two years, in 1863, 
congress created the territory of Idaho, embracing the 
present states of Montana and Wyoming. The next year 
Montana territory was created and Wyoming was again 
attached to Dakota. In 1868 Wyoming territory was 
created and our present western boundary became per- 
manent (see Fig. 56). What is that boundary line? As 
already stated, in 1882 the present southern boundary 
was established. What is that boundary line? 




Fig. 56. Dakota Territory from 1861 to 
1863 and from 1868 to 1889. Tlie Keya 
Paha and Niobrara rivers formed a por- 
tion of tlae souttieru boundaries until 
1882. 



* In 1881 tlie territorial legislature located the penitentiary at Sioux 
Falls. Buildings were erected the following year and twenty-nine prisoners 
taken from Detroit, Mich., and placed therein. 



^ .m"^^ - : i 




#1 



Gov. William Jayne. 




Fig. 58. First Territorial Supreme Court. 





Gen. W. H. H. Beadle. 



Fig. 60. The Old Governor Faulk 

House at Yankton, Built 

in 1866. 




Fig. 61. The Famous School House at Vermillion, Built 1864. 



.isr- 



.t^ 



,M 










THE BIRTH OF A REPUBLIC 95 

Attempts at Further Division. The territory was still 
too large, and attempts were made to subdivide on the 
46th parallel. In 1871, 1872, 1874, and 1877 the territorial 
legislature petitioned congress to make a new territory 
out of the portion north of that parallel, and in 1881 a 
request was made to divide the territory into three states ; 
but congress refused to act. The movement for division 
was kept up in the southeastern portion, and the desire 
for statehood rapidly grew. To be admitted as a state, 
two conditions are necessary: (1) the consent of congress 
must be obtained and (2) a constitution and republican 
form of government must be adopted. 

Dakota Citizens' League. In 1882 a movement was 
commenced, known as the "Dakota Citizens' League," 
having the twofold object of preventing the sale of the 
school lands at a low price and of securing division and 
statehood. There was talk of the formation of a com- 
pany to buy the school lands in the hope of profiting by 
an increase in their value. General William Henry Har- 
rison Beadle, then territorial superintendent of public 
instruction, was very active in this movement to save the 
school lands from falling into the hands of speculators, 
and a great many others worked hard for the same 
purpose. A strong sentiment was created, which later 
resulted in a provision that no school land should be 
sold for less than ten dollars an acre. To commemorate 
his noble work a beautiful marble statue of General 
Beadle to adorn the state capitol building at Pierre has 
been provided by the pupils in the schools of the state. 

Constitution of 1883. The territorial legislature of 
1883 passed a bill providing for a convention to frame a 
constitution for the southern half of Dakota. This bill 
was vetoed by Governor Ordway, so the Citizens' League 
called a convention to be held at Huron on June 19th of 
that year. This convention passed resolutions and pro- 



96 SOUTH DAKOTA, A REPUBLIC OF FRIENDS 

vided for a constitutional convention to be held at Sioux 
Falls on September 4, 1883. Provision was made for 
the election of 150 delegates from the counties in what is 
now South Dakota. This movement was hastened by 
the removal of the territorial capital to Bismarck, to the 
great displeasure of the people in the southern part of 
the territory. The convention was held, Bartlett Tripp 
being elected its president. It remained in session four- 
teen days and framed a constitution much like the one 
we now have, though very different in some particulars. 
Thus the state seal provided for was described as 
follows : 

''A shiekl draped with the American flag, depending from the 
beak of an eagle. In the background of the shield, a range of hills 
and the chimney of a smelting furnace. In the center of the shield, 
a river, bearing a steamboat. On the hither bank of the river, a 
train of cars. In the middle foreground, a field of wheat and a field 
of corn. In the immediate right foreground, a white man at his 
plow; in the left foreground, an Indian and tepees. Both white man 
and Indian are looking at a rift in the clouds where appears the 
legend: 'Fear God and Ta'ke Your Ovjn Fart.' This legend shall be 
the motto of the State of Dakota." 

Constitution of 1885. Congress refused consent to the 
admission, however, and in 1885 the territorial legislature 
provided for another constitutional convention for the 
portion of the territory south of the 46th parallel. In 
conformity with this provision, 101 delegates were 
elected June 30th and met at Sioux Falls, September 8th, 
remaining in session sixteen days. Alonzo J. Edgerton, 
chief justice of the supreme court of the territory, was 
elected president of the convention. A constitution was 
carefully prepared, being the one which, with a few 
changes, later became that for the state. In November 
the people ratified it by a vote of 25,226 for and 6,565 
against. Huron was chosen as capital, and a full set of 
state officers, with Arthur C. Mellette as governor, and 
two members of congress, Oscar S. Gififord and Theo- 



THE BIRTH OF A REPUBLIC 97 

dore D. Kanouse, were elected. The legislature for South 
Dakota met at Huron in December and chose two United 
States senators, Gideon C. Moody and Alonzo J. Edger- 
ton. Congress, however, refused to approve of this action, 
and again the efforts of the people to secure statehood 
were unsuccessful. 

The Enabling Act of 1889. At length congress was 
willing to divide Dakota territory into two parts and 
permit each to form a state government. The law which 
was passed by congress and approved by President 
Cleveland, February 22, 1889, provided for this and was 
entitled : 

"AN ACT to provide for the division of Dakota 
into two states and to enable the people of 
North Dakota, South Dakota, Montana, and 
Washington to form constitutions and state 
governments, and to be admitted into the 
Union on an equal footing with the original 
states, and to make donations of public lands 
to such states." 

Line Separating Dakotas. The dividing line selected 
for Dakota Avas not the 46th parallel, as had been for- 
merly proposed, but the 7th standard parallel or "cor- 
rection line" of the land survey (see Fig. 8). This is 
about four miles south of the 46th parallel, and east of 
the Missouri river it was a section line, a township line, 
and for nearly all counties, a county line. The 46th 
parallel passes right through sections and townships, 
and had it been chosen there would have been many 
farms partly in North Dakota and partly in South 
Dakota. 

Provisions of the Enabling Act. Provision was made 
for readopting, if desired, the constitution of 1885, •^'with 
such changes only as relate to the name and boundary 



98 SOUTH DAKOTA, A REPUBLIC OF FRIENDS 

of the proposed state, to the reapportionment of the 
judicial and legislative districts, and such amendments 
as may be necessary in order to comply with the provi- 
sions of this act." 

Following are some other provisions of the enabling 
act, none of which can be changed without the consent 
of congress and of the people of the state : 

''The constitution shall be republican in form and make no dis- 
tinction in civil or political rights on account of race or color, except 
as to Indians not taxed, and not be repugnant to the constitution of 
the United States and the principles of the Declaration of Inde- 
pendence. ' ' 

''Perfect toleration of religious sentiment shall be secured/' 

"The state must disclaim any right to United States lands and 
Indian reservations, and the right to tax United States lands or 
property. ' ' 

"Lands belonging to non-resident citizens of the United States 
shall not be taxed at a higher rate than those of residents. ' ' 

"Provisions shall be made for the establishment and maintenance 
of systems of public schools, which shall be open to all children of 
the state, and free from sectarian control." 

' ' Lands granted by the United States for educational purposes shall 
be disposed of only at public sale and at a price not less than ten 
dollars an acre. The proceeds of the sale of these lands shall consti- 
tute 'a permanent school fund, the interest of which only shall be 
expended in support of said schools.' " To the permanent common 
school fund is also added five per cent of the net proceeds of the 
sale of all United States lands within the state. 

Many thousands of acres of public lands were given 
to the state by the United States for educational, chari- 
table and other public purposes. Besides the two sections 
in each township for the common schools, there were 
given lands as follows : 

"For the use and support of agricultural colleges 120,000 acres; 
for the agricultural college, 40,000 acres; for the state university, 
86,080 acres; for the state normal schools, 80,000 acres; for a state 
capitol, 82,000 acres; 40,000 acres each to the school of mines, the 
reform school, the school for deaf mutes; for such other educational 
and charitable institutions as the legislature may determine, 170,000 
acres. ' ' 

Constitutional Convention of 1889. In accordance with 
the terms of the Enabling Act, seventy-six delegates 
were elected in May, and these met at Sioux Falls on 



THE BIRTH OF A REPUBLIC 99 

July 4, 1889. Alonzo J. Edgerton was elected president 
of the convention. Thirty- two days were spent in de- 
liberation and the constitution of 1885 was amended to 
meet the requirements of the Enabling Act. This con- 
stitution was submitted to a vote of the people on Octo- 
ber 1st and was adopted by a vote of 70,131 for to 3,267 
against. 

At the same election state officers were elected, with 
Arthur C. Mellette as governor, and two members of 
congress, Oscar S. Gifford and J. A. Pickler. 

SEPAEATE AETICLES. Together with the constitution, two 
separate articles were submitted to a vote. One provided for the 
prohibition of the manufacture and sale of intoxicating liquor. This 
Avas adopted but was repealed in 1896. The other was on minority 
representation, providing that where there are several representatives 
to be elected in one district a voter might divide his votes. Thus, 
if three representatives were to be elected from a district, a voter 
might cast three votes for one candidate, or two for one candidate 
and one for another candidate, or one vote for each of tliree candi- 
dates. This article was not adopted. 

Admission of South Dakota. The Enabling Act pro- 
vided that if the constitution and government were 
republican in form, and if all of the provisions of the 
Enabling Act were complied with, it should be the duty 
of the President of the United States to proclaim the 
admission of the state, after which it should be deemed 
admitted by congress into the Union "on an equal footing 
with the original states." On November 2, 1889, Presi- 
dent Benjamin Harrison issued a proclamation announc- 
ing the admission of South Dakota as a state. Thus was 
born this ''Republic of Friends" into the family of states 
which make the great republic of the United States. 

QUESTIONS. 

Give the portion of the constitution of the United States relative 
to the government of territories and the admission of new states. 
Find this in the constitution (see Chapter XVIII). 

COLONIAL PERIOD'. When was America discovered? By whom? 
What nation then claimed North America? What portion did England 



100 SOUTH DAKOTA, A REPUBLIC OF FRIENDS 

acquire? Prance? What territory did France give to Spain in 1762? 
To England in 1763? When did France again get Louisiana? From 
whom? When did the United States get that region? How? 

LOUISIANA PURCHASE. When was this purchase made? From 
whom? What were its boundaries? How much of what is now South 
Dakota was included therein? When was the remainder acquired? 
From whom? How was this area first divided? How was the terri- 
tory of Louisiana governed? 

MIS SOU EI TEBEITOEY. When was this territory created? By 
whom? How governed? What became of the territory of Orleans? 

MICHIGAN TEBEITOEY. When did congress create this terri- 
tory? What area did it include? In what territories was the South 
Dakota region? 

WISCONSIN TEEEITOEY. When was this territory created? 
South Dakota location? 

IOWA TEEEITOEY. When created? Area included? South 
Dakota location? 

MINNESOTA TEEEITOEY. When created? Area included? 
South Dakota location? 

NEBEASKA TEEEITOEY. When created? South Dakota loca- 
tion? 

LAND OF THE DACOTAHS. When was Minnesota made a state? 
What region was left without a government? What was this region 
called? What did the white people who were there do? When was 
Dakota territory created? 

LEWIS AND CLAEK EXPEDITION. When was the Louisiana 
purchase made? What was known of this western region then? Who 
were Lewis and Clark? What was the purpose of their expedition? 
When did they leave St. Louis? Tell what you can of their journey. 
The best account of their trip is given in ' ' The Expedition of Lewis 
and Clark," two volumes, by James K. Hosmer, published by A. C. 
McClurg & Co. Doane Eobinson 's South Dakota History, published by 
the American Book Company, Chicago, gives a charming account of 
their journey through what is now South Dakota. This book should be 
found in every library in South Dakota. What is said of white men 
in this region before this time? 

EAELY LEADING POSTS. Where was the first permanenr trad- 
ing post established in what is now South Dakota? By whom? 
When? What fort was built near here? When rebuilt? How named? 
What city is near that point today? 

AN INDIAN COUNTEY. What is the character of South Dakota 
history until 1851? 

FIEST INDIAN CESSION. How far west did Minnesota territory 
extend in 1851? What Indian lands were ceded in that year? 

TEEEITOEIAL PLANS. What two companies were formed for 
settling the Bix Sioux valley? When did they make settlements 
around Sioux Falls? This was then a part of what county of Minne- 
sota territory? What new county was then made? Explain the situa- 
tion in 1858. 



THE BIRTH OF A REPUBLIC 101 

GOVEENMENT ESTABLISHED BUT NOT RECOGNIZED. 

What did the people of "Big Sioux county" do when Minnesota 
became a state and this region was not a part of any state or 
territory? Was their government recognized by congress? What 
was done in 1859? What happened to all of these settlements? 

SECOND INDIAN CESSION. What treaty was made with the 
Indians in 1858? What occurred in July, 1859? 

PERMANENT SETTLEMENT. Show that the real history of 
South Dakota people began in 1859. What towns were founded? 
When and w^here was the first school house built? The first churches? 
When did congress enact a law providing for Dakota territory? Who 
was President then? Who became President two days later? 

DAKOTA TERRITORY. What area was included? Describe the 
southern boundary? When w^as this boundary changed to the 
present one? 

EARLY GOVERNMENT. What was the first capital? What 
school lands were given? Who was the first governor? By whom 
appointed? What other officers? How many judges? Who was the 
first delegate to congress? 

THE FIRST LEGISLATURE. Of what did the first legislature 
consist? When and where did it meet? What institution did it 
establish at Vermillion? What one at Bon Homme? When was 
the penitentiary located at Sioux Falls? 

GOVERNMENT ORGANIZED. How many judges were there in 
the territorial supreme court? What local governments were organized? 

DIVISION OF THE TERRITORY. Make maps showing Dakota 
territory in 1861, 1863, 1868 and in 1882. Who made the changes in 
the boundaries? 

ATTEMPTS AT FURTHER DIVISION. What attempts at fur- 
ther division of the territory were made? What did the people in 
the southeastern portion desire? What two conditions are necessary 
for the establishment of a state government? 

DAKOTA CITIZENS' LEAGUE. What were its plans? What 
plans were made for buying up school lands? Tell about General 
Beadle. 

CONSTITUTION OF 1883. Tell about the convention to form a 
state constitution ; about the capital removal. What did the con- 
vention do? What state seal was provided for? What motto? 
Compare it with the present motto. Which do you think is more 
appropriate for a republic? 

CONSTITUTION OF 1885. Tell what you can of the convention 
which framed this constitution. What steps were taken in forming a 
new state? What did congress do? 

THE ENABLING ACT OF 1889. What did congress do in 1889? 

LINE SEPARATING THE DAKOTAS. What line was selected 
to separate the Dakotas? Why not the 46r.h parallel? 

PROVISIONS OF THE ENABLING ACT. Name five of its pro- 
visions. What lands were given to South Dakota? 



102 



SOUTH DAKOTA, A REPUBLIC OF FRIENDS 



CONSTITUTIONAL CONVENTION OF 1889. Tell what you ean 
of this convention. How does the constitution of 1889 compare with 
the constitution of 1885? 

SEP ABATE ARTICLES. What separate articles were submitted 
with the constitution? Which one was adopted? When was it 
repealed? Who was elected the first governor of South Dakota? 
Who was Henry Masters? William Jayne? 

ADMISSION OF SOUTH DAKOTA. Under what conditions was 
South Dakota admitted as a state? When was the" state admitted? 




CHAPTER VI 
HISTORIC ITEMS 

The first visit of a white man to the region now com- 
prised in South Dakota was probably in 1695, by Le Sueur, 
who was sent out west by the French governor at Quebec, 
The first building erected by white men in this region was 
probably the Trudeau house, or "Pawnee house," built of 
logs and protected by a stockade. It was probably erected 
in 1796, a short distance below the present site of Wheeler. 
The first permanent settlement was that established by 
Joseph La Framboise, in 1817, near the present site of 
Fort Pierre. 

The first sermon preached in this region was by Rev. 
Stephen R. Riggs at Fort Pierre in 1840. Mr. Riggs was 
a missionary among the Indians, Rev. Thomas S. William- 
son being associated with him. Father De Smet was the 
first Roman Catholic missionary among the Indians of the 
Northwest, having come up the Missouri river from St. 
Louis, his headquarters, as far as the mouth of Vermillion 
river, as early as 1839. The first churches were built of 
logs at Vermillion and Yankton in the summer of 1860. 
During the same year the first school house was built at 
Bon Homme. The school house built at Vermillion in 
1864 is, perhaps, the most famous of the school houses of 
those early days. 

The first white woman to come to the territory was Mrs. 
Goodwin, who arrived with her husband at Sioux Falls in 
the spring of 1858. The first newspaper was the Dakota 
Democrat, published at Sioux Falls in 1859. The first 

103 



104 SOUTH DAKOTA, A REPUBLIC OF FRIENDS 

permanent newspaper to be established was the Weekly 
Dakotaian, which was first issued at Yankton, June 6, 
1 86 1, and still continues under the name Yankton Press 
and Dakotan. 

The first railroad to enter this region was the Dakota 
Southern, built from Sioux City to Yankton in 1872. Seven 
or eight years later many lines headed into South Dakota, 
extending up the James River valley and across the state to 
the Missouri river. The increase in population within the 
next few years was very great. 

The Capital. The oldest permanent settlement in what 
is now South Dakota was made in 1817 near the present 
site of Fort Pierre, at the mouth of the Teton (or Bad) 
river. The trading post was called Fort Teton until 1822. 
The name was then changed to Fort Tecumseh, and in 
1832 to Fort Pierre. The commandant at the fort was 
practically a supreme ruler in the early days. When a 
territorial form of government was provided in 1861, 
Governor Jayne selected Yankton as the temporary capi- 
tal. The next year the territorial legislature passed a law 
fixing Yankton as the capital. The seat of government 
remained at this place until 1883, when it was removed 
to Bismarck. When the constitution was adopted in 
1889 the question of the temporary location of the capital 
was voted upon and Pierre received the highest number 
of votes. Another election occurred in 1890 for the per- 
manent location of the capital of the state, and Pierre 
again won. Several attempts were made later to remove 
the capital, the matter being voted upon in the election 
of 1904. Again Pierre triumphed, and it is safe to say 
that there will be no further agitation of the subject. 

The Capitol. The capitol building used during state- 
hood until 1910 was a frame structure built by the citi- 
zens of Pierre and donated to the state. In 1910 the 
present splendid structure was completed at a cost of 



HISTORIC ITEMS 



105 



nearly one million dollars. This amount is being paid 
from the proceeds of the sale of the 82,000 acres of land 
donated to the state by the federal government for this 
purpose (see p. 2). 

QUESTIONS. 

HISTOEIC ITEMS. Who was the first white man to visit this 
region? When? Where was the first building erected by white 
men? When? The first permanent settlement? When was the first 
sermon preached. By whom? When? Who was Father De Smet? When 
were the first churches bnilt? The first school house? Who was the 
first white woman who came to this region? When? What was the 
first newspaper? The first railroad? When was Yankton made the 
territorial capital? When did Bismarck become the capital? Tell 
about the location of the state capital at Pierre. Tell about the two 
eapitol buildings at Pierre. 




CHAPTER VII 
DAKOTA INDIANS 

Dakotas Displace Rees. It seems to be quite clearly 
established that in 1700 the Arickaras or Rees occupied 
what is now South Dakota. Some time later the Dakotas, 
who had been living in the Minnesota country, gradually 
extended their conquests to the Dakota plains. The 
period from about 1750 to about 1790 is known among 
them as the "forty years' war" between the Dakotas and 
the Rees. The Sissetons and Wahpetons secured the 
region around Big Stone Lake; the Yanktons (E-hank- 
ton-wan), the lower portion of the James River valley; 
the Yanktonais, the northern James River valley; and 
the Tetons, west of the Missouri river. The Rees con- 
tinued for a long time to occupy villages near the mouth 
of the Grand river. 

Grand River Massacre. General W. H. Ashley and a 
party of about one hundred fur traders went up the Mis- 
souri river in the spring of 1823. While stopping at the 
mouth of the Grand river and trading with the Rees a 
portion of his party was attacked by the Indians, thir- 
teen were killed, and ten injured. Assistance was sent 
up the river; Colonel Henry Leavenworth with 220 men 
was sent from Council Bluffs ; about 100 men were sent 
by fur companies, and 700 Dakota Indians joined the 
war party. The Rees were speedily subdued and treaties 
of peace were signed by them. 

Civil War Massacres. A few years before the Civil 
war began the settlements just started on the Big Sioux 

106 



DAKOTA INDIANS 107 

river were threatened by hostile Indians. The settlement 
at Medary was abandoned in 1858. In 1862 occurred the 
Indian outbreak in Minnesota, where hundreds of whites 
were massacred. In the same summer the murder of 
Judge Joseph Amidon and his son near Sioux Falls, and 
some trappers near Wessington Springs, filled the people 
with terror. Governor Jayne called for assistance and 
several hundred men responded. Stockades were built 
at the settlements, excepting Sioux Falls, which was 
abandoned. Struck-by-the-Ree and a band of friendly 
Yanktons were a great help in protecting the settlers 
from hostile attacks by the Minnesota Santee Indians. 
During the Civil war expeditions of soldiers were sent 
up into North Dakota and out into the Bad Lands, where 
hostile Indians were repulsed with great loss. 

Black Hills War. In 1868 a treaty was made with the 
Sioux Indians whereby they were given a large reserva- 
tion including the entire Black Flills area. Into this 
reservation no white settlers or soldiers could enter with- 
out permission of the Indians. This treaty was the result 
of a war which had been kept up between the Indians and 
whites in eastern Montana and Wyoming, known as the 
Red Cloud war. About this time rumors came of gold 
in the Black Hills. In 1874, General George A. Custer 
was sent with 1,200 soldiers and a few men of science 
to explore the Black Hills country. Glowing reports of 
the beautiful country, rich soil, plentiful game, and abun- 
dant evidence of gold were sent out. A miner in the 
party, named William McKay, is said to have made the 
first authentic discovery of gold in the sand-bars of 
French creek, in the present site of the city of Custer, 
August 2nd. The Indians were greatly excited and 
incensed at this open violation of their treaty, and when 
miners began to pour into the Hills, — about 11,000 of 
them by the next spring, — the Indians prepared to fight. 



108 SOUTH DAKOTA, A REPUBLIC OF FRIENDS 

Sitting Bull, Crazy Horse, Gall, Inkpaduta, and Black 
Moon were the principal leaders among the Indians. In 
the campaign which followed, most of the fighting took 
place in Montana. The principal battle was on the 
Little Big Horn river, June 25, 1876, when Custer and 
his force of 261 men were completely destroyed. The 
Indians, however, soon saw that further resistance was 
useless and went back to their reservations, the leaders 
remaining in hiding for some time. In the fall of 1876 
a new treaty was made whereby the Indians deeded the 
entire Black Hills country and made other concessions 
in return for rations of beef or bacon, flour, corn, coffee, 
sugar, and beans, to be issued regularly to them until 
they should be able to support themselves. 

The Messiah War. In 1889, the year South Dakota 
became a state, a strange religious craze took possession 
of the western Indians. The delusion started in Nevada, 
where an Indian claimed to be a Messiah or Christ. 
Short Bull went with other Indians from the Pine Ridge 
agency to investigate, and came back a convert to the 
new faith. Red Cloud, Sitting Bull and other leading 
Indians soon took up the new religion. A peculiar ghost 
dance was instituted, which was kept up until the dancers 
fell exhausted. Previous to the dance a turkish "sweat 
bath" was taken and many superstitious ceremonies were 
indulged in. Short Bull soon became the leader, espe- 
cially among the Pine Ridge Indians, and, declaring him- 
self to be the Christ, he led them to a huge camip in the 
Bad Lands. 

A general discontent prevailed among the Indians, and 
the agents tried to suppress the craze, especially the 
ghost dance. Fearing trouble, the United States sent 
troops to the reservations. In an attempt to arrest 
Sitting Bull at his home near the mouth of the Grand 
river, December 15, 1890, an encounter took place in which 



DAKOTA INDIANS 109 

Sitting Bull and seven of his allies, together with six 
Indian policemen, were killed. The only other serious 
case of bloodshed was in the western portion of the 
Pine Ridge reservation, along a branch of the White 
river known as Wounded Knee creek. Troops were sent 
there to arrest Big Foot and his band. When an attempt 
was made to disarm them they fired upon the soldiers, 
and in the fight which followed, about two hundred 
Indian men, women, and children, and about sixty sol- 
diers were killed and wounded. This was called the 
''Battle of Wounded Knee/' occurring December 29, 
1890. Early in January, 1891, the hostile Indians sur- 
rendered and the troubles were ended. Save for a little 
"scare" in the western portion of the Che3^enne reserva- 
tion in 1907, perfect peace and harmony have existed 
between the Indians and whites since 1890. 

Indian Reservations. Marked progress has been made 
by the Dakota Indians. They all wear clothing like 
white people, most of them have very comfortable houses, 
and many are very prosperous. The younger generation 
is much more thrifty and industrious than the Indian of 
former days. 

The Sissetons occupy citizen communities in Roberts 
and Marshall counties; the Yanktons, in Charles Mix 
county ; and a portion of the Minnesota Santees, in Moody 
county. The other Indians of the state are located on 
the following reservations : Rosebud, Pine Ridge, Lower 
Brule, Crow Creek, Cheyenne River, and Standing Rock. 

QUESTIONS. 

DAEOTAS DISPLACE BEES. What Indians occupied this terri- 
tory in 1700? What was the contest betwen the Dakotas and Kees 
called? What Dakotas secured the region around Big Stone lake? 
In the lower James valley? In the upper James valley? West of the 
Missouri? 

GBAND EIVEB MASSACEE. Give an account of this massacre 
and the punishment of the Indians. 



110 



SOUTH DAKOTA, A REPUBLIC OF FRIENDS 



CIVIL WAE MASSACRE. Give an account of the massacres 
during the civil 'war ? What Indians helped protect white settlers. 

BLACK HILLS WAB. What treaty was made with the Tetons in 
1868? This treaty was the result of what war? Where? Who was 
sent into the Black Hills country in 1874? What reports were sent 
out? Where was gold first discovered? What was the effect of the 
discovery of gold in the Black Hills? Tell what you can of the 
battles which resulted; about Custer's massacre. When was the 
Black Hills country given to the whites? 

THE MESSIAH WAE. In what year did this take place? Tell 
what you can concerning the religious craze which possessed the 
Indians. Give an account of the death of Sitting Bull. Of the 
' ' Battle of Wounded Knee. ' ' 

INDIAN EESEEVATIONS. What is said as to the progress made 
by Dakota Indians? Where are they now located? 



[' 



PART II. SOUTH DAKOTA CIVIL 
GOVERNMENT 

CHAPTER VIII 

A REPUBLIC WITHIN A REPUBLIC 

Need for Government. All acts of people are regu- 
lated either by custom or by law. If you notice the 
reason why you do most things, you will observe that 
nearly everything is directly regulated by custom and 
only indirectly controlled by law. Custom controls, 
government guides. Nearly always the conduct of affairs 
in the home is controlled by the custom of the home 
itself. This is true also of the church, the school, and 
business activities. Self-control is the individual force 
which regulates custom. Law is the public force which 
must be applied when self-control and custom do not 
make the proper adjustment. Government exists to regu- 
late those acts zvhich custom does not adjust. There 
are two reasons why custom does not adjust all acts ; (1) 
because some people are dishonest, untruthful and evil ; 
and (2) because people make mistakes and misunder- 
stand each other. Even though all people were good, we 
should still need government. It is an accepted saying 
even of the Better World, that ''Order is Heaven's first 
law." 

Ill 



112 SOUTH DAKOTA, A REPUBLIC OF FRIENDS 

There is another reason for government. It is needed 
to provide means for carrying on many activities, such 
as mail service, money, roads, bridges, education, public 
health, etc. 

Government Means Guidance. Thus we see that 
government is not something to oppress people, as an- 
archists believe, but is for the good of mankind. The 
v/ord "governm.ent" comes from the Latin guhernator, 
which means "one who guides a ship." The word, 
therefore, means guidance. 

Monarchy. There are two forms of government 
among civilized people today; monarchies and republics. 
A monarchy (Gr. monos, alone -|- archein, to rule) is 
that form of government in which a king or queen is at 
the head. In an absolute monarchy the king is not 
restricted by law. Russia and China are the only abso- 
lute monarchies of importance. In a limited monarchy 
the king or queen has to obey the laws passed by the 
representatives of the people. In such monarchies as 
Great Britain the king has almost no governmental 
power, not nearly so much as the president in a republic, 
and the people as truly rule as in some republics. Indeed, 
there are few republics where the people rule so com- 
pletely as in Great Britain. A monarchy of great extent 
is sometimes called an empire. 

A Republic. A republic is that form of government in 
which representatives of the people make and enforce all 
laws. The chief ruler is called a president. The words 
republic (Lat. res, affair + puhJica, public) and democ- 
racy (Gr. demos, people -|- kratein, to rule), as we now 
use the words, mean very nearly the same. #hen we 
speak of a democracy v/e usually think of the people 
themselves as ruling. The voters of a township and <)f a 
common school district have meetings and decide upon 



A REPUBLIC WITHIN A REPUBLIC 113 

certain matters. Their government to that extent is a 
pure democracy. 

Your Complete Address. Write your complete address, 
naming the principal governmental divisions. The 
author would write his as follows : Aberdeen city, Aber- 
deen township, Brown county, South Dakota, United 
States. To this might be added street, ward, school dis- 
trict, county commissioner district, judicial district, etc. 
It is not strange that foreigners often find our govern- 
ment hard to understand, since there are so many divi- 
sions for governmental purposes and each part has its 
own more or less separate method of government. 

Two Governments. All of these may easily be classi- 
fied as belonging to two groups, those controlled by the 
nation and those controlled by the state. We live under 
a twofold government — national and state. The national 
government is sometimes called federal. 

Three Departments of the National Government. The 
federal government has a written constitution, which 
provides for (1) a lawmaking body, congress, (2) a 
President and other officers to enforce its laws, and (3) 
federal courts to try cases involving the constitution and 
laws of the United States and cases between states or 
citizens of different states. These are called the three 
departments of government: (1) legislative, or law- 
making; (2) executive, or law-enforcing; and (3) judi- 
cial, or law-applying. Any government must have these 
three departments, though in some kingdoms the same 
officers may exercise powers in all of them. 

Congress, which meets each year at Washington, D. C, 
has passed laws regulating the mail service. If these 
laws are violated a United States officer, called a United 
States marshal, may arrest the one who is accused of the 
crime. A United States court will then try the accused, 
and if he is found guilty he may be imprisoned in a 



114 SOUTH DAKOTA, A REPUBLIC OF FRIENDS 

United States prison. There are many other affairs that 
are regulated by the national government, and with these 
affairs the state has nothing to do. 

Three Departments of State Government. Each of the 
states of the Union has its written constitution, and this 
provides for (1) a law-making department, called the 
state legislature in South Dakota, (2) a law-enforcing 
department, the governor being the principal executive 
officer, and (3) a law-applying department in the courts 
of the state. Thus the state legislature has passed laws 
regulating insurance and fire protection. If these laws 
are violated the accused person is arrested by a sheriff, 
constable, or policeman, is tried before a judge of the 
state courts, and if sentenced to prison he is taken to the 
state penitentiary. In all of these matters the national 
government has no part whatever. 

Affairs are not always so simple as in these two eases, for some are 
regulated in part by the nation and in part by the state. On che 
whole, however, the beginner would do well to think of these two 
governments as completely separate and independent, each with its 
own powers and a complete set of officers. The federal officers have 
nothing to do with state laws and state officers* have nothing to do 
with federal laws. 

A Republic Within a Republic. The United States is a 
republic because the government is carried on by officers 
chosen by the people. For the same reason South 
Dakota is a republic, and we have already noticed that 
the name "Dakota" has the beautiful meaning, "A Re- 
public of Friends." Thus each state of our Union is a 
republic within a republic, each with its own laws, powers 
and duties. The following in parallel columns shows the 
general plan of the federal government and of the state 
government : 



* County, township, city, town and school district oflScers are, strictly 
speaking, state oflBcers within the county, township, etc. Thus the county 
sheriff arrests any who violate state laws within his county. (See Chap- 
ter xi.) 




TJ. S. Capitol. 



State Capitol. 



LEGISLATIVE DEPARTMENT. 



United States. 

Congress meets once a year at 
Washington, D. C, and makes 
laws for the nation. 

Consists of two bodies of men, 
a senate and a house of repre- 
sentatives. 

The federal senate is made up 
up two senators from each state, 
chosen by the state legislature. 
Term six years. 

The presiding officer is the Vice 
President of the United States. 

The federal house of represent- 
atives is made up of representa- 
tives elected by the different 
states ; the number from a state 
depends upon its population. Term 
two years. 

The presiding officer is called 
the speaker. 

EXECUTIVE 

President of the United States, 
the chief executive officer. Elected 
for four years. 

Many other federal officers to 
enforce federal laws. 

Vice-President of the United 
States, fills vacancy in office of 
President. 

Is president of the U. S. senate, 

JUDICIAL 

United States Courts, with 
judges and other officers to decide 
whether a federal law has been 
violated or applies in a given case. 

Judges appointed by President. 

United States Supreme Court. 
Nine judges, meet at Washington. 
Appointed for life. 

United States circuit courts. 
Nine in the United States. Sev- 
eral judges in each circuit. Ap- 
pointed for life. 

United States District Court. 
At least one for each state. One 
judge in each United States dis- 
trict, appointed for life. 

(U. S. has no court correspond- 
ing to this. Court commissioner 
is nearest like it.) 



South Dakota. 

Legislature meets once every 
two years at Pierre and makes 
laws for the state. 

Consists of two bodies of men, 
a senate and a house of repre- 
sentatives. 

The state senate is made up 
of senators elected by the voters 
of districts made up of one or 
more counties. Term two years. 

The presiding officer is the 
Lieutenant-Governor of the state. 

The state house of representa- 
tives is made up of representa- 
tives elected by the voters of dis- 
tricts consisting of one or more 
counties. The number from any 
district depends upon its popula- 
tion. Term two years. 

The presiding officer is called 
the speaker. 

DEPARTMENT. 

Governor of South Dakota, the 
chief executive officer. Elected 
for two years. 

Many other state officers to en- 
force state laws. 

Lieutenant-Governor of South 
Dakota, fills vacancy in office of 
governor. 

Is president of the state senate. 

DEPARTMENT. 

State Courts, with judges and 
other officers to decide whether a 
state law has been violated or ap- 
plies in a given case. 

Judges elected. 

South Dakota Supreme Court. 
Five judges, meet at Pierre. 
Elected for six years. 

State circuit courts. Twelve in 
the state. One judge in each 
circuit. Elected for four years. 

(State has no court correspond- 
ing to this. State circuit court 
and, sometimes, county court, is 
nearest like it.) 

Justice of the peace. Two 
elected for two years by each city, 
township and town in the state 
(see p. 177). 



115 



116 SOUTH DAKOTA, A REPUBLIC OF FRIENDS 

Division of Powers. All governmental powers are 
exercised either by the state or by the nation. The divi- 
sion of the powers of government in Canada is on the 
opposite plan from ours. The constitution of that coun- 
try (called "The British North America Act of 1867") 
provides that certain named powers are given to the 
states (called provinces), and all other poivers shall he- 
long to the federal government (called the Dominion). 
Now, our federal constitution provides that the national 
government shall have certain named powers and all 
others shall belong to the states. Following are some of 
the powers exercised by the national government which 
the states do not have : 

Exclusive National Powers. The national government 
has power to coin money and punish counterfeiting; to 
make war and peace and control the army and navy; 
to make treaties with foreign nations ; to regulate com- 
merce with foreign nations, with Indians, and between 
states ; to settle disputes between the states or between 
citizens of different states ; to punish crimes on the high 
seas ; to admit new states into the Union and to govern 
all territories and possessions of the United States, and 
the District of Columbia; to regulate the election of 
President and members of congress; to provide how 
foreigners may become citizens ; to provide bankruptcy 
laws ; to provide for the mail service. 

State Powers. Among the many governmental powers 
carried on by a state, over which the nation has little or 
no direct control, may be named the following: The 
punishment of people within the state who violate state 
laws ; the regulation of commerce which is wholly within 
the state ; to decide who may vote ; to carry on a system 
of public schools ; to regulate contracts, marriage and 
divorce; to conduct all elections of local, state, and 
federal officers; to care for insane and other defectives; 



A REPUBLIC WITHIN A REPUBLIC 117 

to regulate the practice of medicine, dentistry, etc.; to 
regulate insurance ; to regulate deeds, mortgages, and 
sales of land and other property; to protect life and 
property. There are a great many other afifairs which 
are left almost entirely to the states to control and adjust. 

Concurrent Powers. There are many powers in which 
both the federal government and the state government 
have a share. Both may tax people, industries and 
property; both may encourage agriculture, manufactur- 
ing, education and other activities ; both may provide 
for the public health, good roads, drainage, irrigation 
and a great many other public undertakings. We have 
national banking laws regulating national banks and 
state banking laws regulating state banks. 

Nation Supreme. The constitution of the United 
States denies some powers to both the federal and state 
governments. (See Article I, Sections 9 and 10.) These 
we shall study later. It is well to remember that 
while these two governments apply to each person, and 
each government has practically nothing to do with the 
other, the federal government is always supreme and in 
case of conflict or disagreement of laws, the state must 
give way to the nation. 

'^AIl political power is inherent in the people, and all free 
government is founded on their authority and is instituted for 
their equal protection and benefit, and they have the right in 
lawful and constituted methods to alter or reform their forms 
of government in such manner as they may think proper, 
AND THE STATE OF SOUTH DAKOTA IS AN INSEPA- 
RABLE PART OF THE AMEBIC AN UNION, AND THE 
CONSTITUTION OF THE UNITED STATES IS THE SU- 
PBEME LAW OF THE LAND."— Constitution of South 
Dakota. 

QUESTIONS. 

NEED FOB GOVEBNMENT. What two forces regulate all acts? 
■Which one regulates most acts? When must law be applied? Why- 
does the government exist? Why does not custom regulate all acts? 
Should we need government if all people were good? Why? What 
other reason is there for having government? 



118 SOUTH DAKOTA, A REPUBLIC OF FRIENDS 

GOVEENMENT MEANS GUIDANCE. What mistake is made by 
anarchists? From what does the word government come? 

MONAECEY. What are the two forms of government among 
nations today? Define monarchy. Absolute monarchy, — examples. 
Limited monarchy, — examples. Empire. 

EEPUBLIC. What is a republic? What is the chief ruler called? 
What is a democracy? 

YOUE COMPLETE ADDEESS. Name the five common govern- 
mental divisions. What others are there? 

TWO GOVEENMENTS. Show the two-fold, character of govern- 
ment in this country. 

TEEEE DEPAETMENTS OF TEE NATIONAL GOVEENMENT. 
Name the three departments and explain each. Give an example of a 
United States law and its enforcement. Explain the functions of 
congress, a United States marshal, a United States court. 

TEEEE DEPAETMENTS OF STATE GOVEENMENT. Explain 
them. Who exercises the functions of each in South Dakota? Give 
an example of a state law and its enforcement. 

A EEPUBLIC WITEIN A EEPUBLIC. Show that South Dakota 
is ''a republic within a republic." 

OUTLINE IN PAEALLEL COLUMNS. Study these so thoroughly 
that when a topic is read from one column you can repeat the corre- 
sponding one from the other column. Practice doing this by covering 
up one side, reading the other, and seeing whether you can repeat the 
column covered up. Do not fail to master this portion. 

DIVISION OF POWEES. Between whom is all governmental 
power divided? How is the division made in Canada? How in the 
United States? 

EXCLUSIVE NATIONAL POWEES. Name ten powers which the 
federal government has over which the state has nothing to do without 
permission of the United States. 

STATE POWEES. Name the powers exercised by a state. 

CONCUEEENT POWEES. Name ten powers which are carried on 
by both the national government and the state government. 

NATION SUPEEME. In case of conflict of powers, which of these 
two governments is supreme? 





^ ' '■ "^S 1' '^''^^Mm'^^^ 




iH --^!ff^ A 1-,,./ * 







Fig. 63. Senate, Session 1911, 




Fig, 64. House of Representatives, Session 1911, 




Fig. 65. An Interior View in Hall of the State Capitol. 



CHAPTER IX 
THE LEGISLATIVE DEPARTMENT 

The constitution of South Dakota provides for two 
methods of securing laws, (1) by the legislature and (2) 
by the initiative and referendum. Ordinarily the legis- 
lature passes all of our laws, so let us study that first. 

The State Legislature. The legislature consists of two 
bodies of men, the senate and the house of representa- 
tives. Every two years the legislature meets at the capi- 
tol building at Pierre. Their places of meeting are two 
large and beautiful rooms called the "senate chamber" 
and the "hall of representatives." The governor may call 
special sessions of the legislature whenever necessary. 
Regular sessions begin at noon on the Tuesday following 
the first Monday in January of odd-numbered years 
(1909, 1911, etc.). 

The Senate. The number of senators cannot be less 
than 25 nor more than 45 (see state constitution. Article 
III, section 2). Since 1899 the number has been 45 and 
it is not likely that it will be made less. Do not confuse 
the state senate with the United States senate (see Chap- 
ter VHI). 

The House of Representatives. The number of repre- 
sentatives cannot be less than 75 nor more than 135. The 
number at the meeting of the legislature in 1911 was 104. 
In 1913, and probably for some time after that, the num- 
ber will be 103. 

Legislative Districts. At the first regular session after 
a state or federal census is taken the legislature must 

121 



122 SOUTH DAKOTA, A REPUBLIC OF FRIENDS 

divide the state into senatorial districts, decide what 
counties shall be in each district and how many senators 
may be elected by the voters in each district. The fed- 
eral census was taken in 1910. In 1911 the legislature 
provided that the state senate should consist of forty-five 
senators to be elected from forty-two senatorial districts 
as follows (the number of the district is given, the county 
or counties in the district and in parenthesis the number 
of senators elected in it) : , 

1. Union (1). 2. Clay (1). 3. Yankton (1). 4. Bon Homme (1). 5. 
Lincoln (1). 6. Turner (1). 7. Hutchinson (1). 8. Charles Mix (1). 
9. Aurora and Douglas (1). 10. Minnehaha (2). 11. Hanson and McCook 
(1). 12. Miner and Sanborn (1). 13. Davison (1). 14. Harding and Per- 
kins (1). 15. Lyman (1). 16. Brule, Buffalo and Jerauld (1). 17. 
Gregory (1). 18. Moody (1). 19. Lake (1). 20. Brookings (1). 21. 
Kingsbury (1). 22. Beadle (1). 23. Hand and Hyde (1). 24. Hughes 
and Sully (1). 25. Stanley (1). 26. Tripp and the unorganized county 
of Mellette (1). 27. Hamlin and Deuel (1). 28. Codington (1). 29. 
Clark (1). 30. Spink (1). 31. Grant (1). 32. Roberts (1). 33. Marshall 
(1). 34. Day (1). 35. Brown (2). 36. Dewey, Faulk and Potter (1). 
37. Corson, Edmunds and Walworth (1). 38. Campbell and McPherson 
(1). 39. Butte and Lawrence (2). 40 Pennington (1). 41. Meade and 
Ziebach (1). 42. Custer and Fall River (1). 

The legislature of 1911 also provided that the house of 
representatives should consist of 103 members, to be 
elected from fifty-nine representative districts as follows : 

1. Union (2). 2. Clay (1). 3. Yankton (2). 4. Bon Homme (2). 5. 
Lincoln (2). 6. Turner (3). 7. Hutchinson (2). 8. Douglas (1). 9. 
Charles Mix (3). 10. Minnehaha (5). 11. McCook (2). 12. Hanson (1). 
13. Davison (2). 14. Sanborn (1). 15. Aurora (1). 16. Jerauld (1). 
17. Brule (1). 18. Miner (1). 19. Gregory (2). 20. Lake (2). 21. 
Moody (1). 22. Brookings (3.) 23. Kingsbury (2). 24. Beadle (3). 
25. Hand (1). 26. Hughes (1). 27. Stanley (3). 28. Lyman (2). 29. 
Deuel (1). 30. Hamlin (1). 31. Codington (3). 32. Clark (2). 33. 
Spink (3). 34. Grant (2). 35. Roberts (3). 36. Marshall (1). 37. Day 
(3). 38. Brown (4). 39. Faulk (1). 40. Potter (1). 41. Edmunds (1). 
42. Walworth (1). 43. Camnbell (1). 44. McPherson (1). 45. Custer 
(1). 46. Fall River (1). 47. Pennington (2). 48. Lawrence (4). 49. 
Meade (2). 50. Butte (1). 51. Hyde (1). 52. Sully (1). 53. Buffalo 
(1). 54. Tripp and the unorganized county of Mellette (1). 55. Harding 
(1). 56. Perkins (2). 57. Corson (1). 58. Dewey and Ziebach (1). 
59. Deuel and Hamlin (1). 

In 1915 the state census will be taken. The next regular meeting 
of the legislature after this will be in 1917. A new districting of the 
state will have to be made then by the legislature for the 
electing of senators and representatives in the fall of 1918. This 
districting of the state from time to time is necessary because the 
population of different portions of the state changes somewhat and 
the number of senators and representatives from any part of the 
state depends upon the population. One of the purposes^ of taking 
the census is to make a fair division into districts and a just appor- 



THE LEGISLATIVE DEPARTMENT 123 

tionment of senators and representatives. The United States takes 
a census of the entire country every year divisible by ten so that 
representatives in congress may be apportioned among the states 
according to population. Five years later the state takes a census. 

CONGRESSIONAL DISTBICTS. The legislature of South Dakota 
in 1911 provided that if congress allows three representatives to be 
sent from this state to the federal house of representatives, they shall 
be elected by districts as follows: District number one, the portion 
of the state east of the Missouri river and south of the line forming 
the southern boundaries of Hyde, Hand, Beadle, Kingsbury and 
Brookings counties. District number two, the remainder of the state 
east of the Missouri river. District number three, the remainder of 
the state. In case but two representatives are elected they are to be 
chosen ''at large," that is, from any part of the state. 

Qualifications o£ Members. To be a senator or repre- 
sentative one must (1) be a citizen of the United States, 
(2) be a voter in the district from which he is chosen, (3) 
be twenty-five years old or more, (4) be a resident of the 
state for two years before his election, (5) never have 
been convicted of bribery or other infamous crime or 
failed to account for public money trusted to him, and 
(6) not hold a lucrative office under the state or the 
United States or any foreign government (appointments 
in the militia, the offices of notary public, justice of the 
peace and postmasters whose compensation does not 
exceed $300 each year are excepted and such persons 
may be elected). 

Terms and Vacancies. The term of senator and repre- 
sentative is two years. They are elected on the Tuesday 
after the first Monday in November of every even-num- 
bered year (1910, 1912, etc.). A vacancy may be caused 
by death, resignation, removal from the state or expul- 
sion from the senate or from the house of representatives 
by the members thereof. In case of a vacancy the gov- 
ernor may call a special election in the district where the 
vacancy occurs. 

SALARY. The salary of a member is five dollars for each day's 
attendance and ten cents a miles necessarily traveled in going to 
Pierre and returning again. The latter is called mileage. 



124 SOUTH DAKOTA, A REPUBLIC OF FRIENDS 

Sessions. The regular sessions cannot exceed sixty 
days excepting in cases of impeachment. 

Oath. The constitution prescribes a solemn oath 
which each member takes. The oath is usually adminis- 
tered by one of the judges of the state supreme court to 
the presiding officer, and he administers it to the others. 
Read carefully this oath (see Article III, Section 8). 

Contests. ^'Each house shall be the judge of the elec- 
tion returns and qualifications of its own members." This 
means that in case a dispute arises as to who is elected in 
any district, the matter is finally settled by the house of 
representatives or the senate, as the case may be. A 
committee is appointed to investigate and report, and 
then, after debate, the question as to who is entitled to 
the "contested seat" is voted upon. If it is claimed that 
some one elected to either house does not possess the six 
necessary qualifications, this matter is investigated and 
decided in a similar manner. 

Quorum. By a quorum of any body or group is meant 
a sufficient number to act for the body or group. In a 
literary society it is often provided that if there be a cer- 
tain number of members present at a meeting, say ten, 
these may carry on the society's business, and if there be 
less than that number no business can be transacted. In 
that case, ten members would constitute a quorum. In 
nearly all governmental bodies, such as a board of county 
commissioners, a city council, or one of the houses of the 
legislature or of Congress, a majority (that is, over one- 
half) constitutes a quorum. If a less number be present, 
no business can be transacted excepting to adjourn for 
one day or send for absent members. 

Presiding Officer of the Senate. The presiding officer 
of the senate is the lieutenant governor, elected for two 
years by the people of the state. 



THE LEGISLATIVE DEPARTMENT 135 

''The lieutenant governor of the state shall be president of the 
senate. He may vote only when the senate is equally divided. The 
senate shall elect a president yro tempore for the session, who shall 
possess all the powers and prerogatives of the president of the senate 
in the absence of the lieutenant governor." 

''When any member is about to speak or deliver any matter to the 
senate, he shall arise from his seat and address himself to 'Mr. 
President/ and shall confine himself to the question under debate and 
avoid personalities." — Eules of the Senate. 

To ' ' avoid personalities ' ' the members of both houses when making 

speeches refer to one another as ' ' the gentleman from 

county," "the senator who has just spoken," or in some other way 
avoid using his name wherever possible. 

"Each house shall determine the rules of its proceedings, shall 
choose its own officers and employes and fix the pay thereof, except 
as otherwise provided in this constitution," — Art. Ill, Sec. 8, Const. 

Sometimes legislatures appoint more officers and em- 
ployes than are really needed and to prevent this the leg- 
islature passed a law in 1909 providing just what officers 
and employes should be chosen by each house. A por- 
tion of the law is as follows : 

"The elective ofl&cers of the senate other than the president yro 
tempore, shall be: One secretary, one first assistant secretary, one 
second assistant secretary, one bill clerk, one trained proof reader, 
who shall be clerk of the committee on senate journals, one chief of 
the enrolling and engrossing force, who shall be an expert typewriter, 
one chaplain, one sergeant-of-arms, one postmaster, three pages and 
one messenger, who shall have charge of the printed bills, and who 
shall also assist the postmaster and sergeant-at-arms when necessary. 
The compensation of such officers shall be fixed by the senate, but 
all of the remaining employes of the senate shall be appointed by 
the president of the senate as herein provided." 

The secretary has many important duties. He receives 
all bills (proposed laws) introduced by senators or passed 
by the house of representatives and sent to the senate. 
He reads them aloud to the senate, calls the roll and 
records the votes of members and attests the signature of 
the president of the senate to each bill or resolution 
which passes the senate. 

The hill clerk records what action is taken on each bill 
or resolution. The proof reader is of special value in see- 
ing that spelling, punctuation and wording is correct in 



126 SOUTH DAKOTA, A REPUBLIC OF FRIENDS 

the legislative proceedings. The chief of the enrolling 
and engrossing force has charge of the copying of all the 
bills and resolutions. After a bill has passed one house it 
is "engrossed" by being carefully typewritten. After it 
passes the other house it is "enrolled" by being again 
typewritten and made ready for the signature of the gov- 
ernor. A carbon copy is made to be sent to the printer 
who publishes the laws, the original being filed with the 
secretary of state. 

The chaplain is a minister who offers pra3^er at the 
opening of each session. The sergeant-at-arms preserves 
order. The postmaster conducts a postoffice at the capi- 
tol during the session for the convenience of the mem- 
bers, being sworn in as a regular United States post- 
master. Pages are bright boys who run on errands for 
the members. 

Officers of the House of Representatives. The presid- 
ing officer of this body is called the "Speaker," an old 
English term, which we have adopted from the house of 
commons of parliament. He was called the speaker be- 
cause he always spoke for the king. The speaker of the 
house of representatives is elected by the house from 
its own members. He is always addressed as "Mr. 
Speaker." When he is absent the member who is pre- 
siding is called "Mr. Chairman." 

The house of representatives has other officers almost 
exactly like those of the senate, the principal exception 
being that the one who records the proceedings in the 
house journal is called chief clerk instead of secretary. 

Rules. A few selections are here made from rules 
usually adopted by the senate and the house. These are 
not the most important rules, but are selected to show 
how certain things are done. Each house adopts its own 
rules and these are changed somewhat from time to time. 



THE LEGISLATIVE DEPARTMENT 127 

RULES OF THE SENATE. 

"The senate shall keep a journal of its proceedings, which shall 
be printed daily in pamphlet form and laid on the desks of senators 
and officers the following morning." 

*'The senate may punish its members for disorderly behavior and, 
with the concurrence of two-thirds of all the members elected, expel 
a member." 

"Any five senators may make a call of the senate and require 
absent senators to be sent for. ' ' 

"A bill may be referred to a committee without reading, but shall 
be read before being amended and may be amended in every par- 
ticular on second reading. No amendment shall be in order at the 
third reading of a bill unless by unanimous consent. ' ' 

"Every bill shall be read three separate times, but the first and 
second reading may be on the same day, and the second reading 
may be by title of the bill, unless the reading at length be demanded. 
The first and third reading shall be at length." 

RULES OF THE HOUSE OF REPRESENTATIVES. 

"Any thirteen members of the house of representatives may order 
a call of the house and cause absent members to be sent for. ' ' 

"The speaker shall rise to put the question (to a vote), but may 
state it by sitting and shall put all questions in the form, to-wit: 

" 'As many as are in favor say aye,' and after the affirmative 
vote is expressed, 'As many as are opposed say no.' If he doubts 
(which vote is the larger), or a division is called for by two or more 
members, the house shall divide: those in the affirmative of the 
question shall first rise from their seats and remain standing until 
counted, and then those in the negative in like manner, and the 
speaker shall announce the vote and declare the result. ' ' 

' ' The yeas and nays (roll-call, the members voting yea or nay 
as their names are called) shall not be ordered unless demanded by 
three members, except upon the final passage of bills, or joint reso- 
lutions, in which case the yeas and nays shall he had without demand." 

These last two rules give the three methods of voting in use in both 
houses: (1) Viva voce (Lat. viva, by the living; voce, voice) or 
ayes and noes; (2) rising vote, or division; and (3) roll call or yeas 
and nays. 

Joint Rules. Certain rules are adopted by both houses 
for the regulation of those things which require co-opera- 
tion. Some of them, as usually adopted, are as follows : 

"Communications between the senate and house of representatives 
shall be by message, which shall be signed by the secretary (of the 
senate) or chief clerk (of the house), respectively, and taken by 
him to the house to which it is addressed, and after being announced 
by the sergeant-at-arms and recognized by the presiding officer, shall 
be respectfully communicated by title only. ' ' 

CONFERENCE COMMITTEE. "In every ease of disagreement 
between the two houses, If either house requests a conference and ap- 



128 SOUTH DAKOTA, A REPUBLIC OF FRIENDS 

points a committee for that purpose, the other house shall appoint 
a committee to confer therewith upon the subject of their disagree- 
ment. ' ' 

ENROLLMENT COMMITTEE. ^' After a bill has passed both 
houses it shall be enrolled and examined by a committee of two mem- 
bers from the senate and three members from the house of represen- 
tatives, who shall compare it with the engrossed bills as passed by 
both houses.'^ 

''Each enrolled bill so reported (by this committee) shall then be 
signed in each hotise, first by the speaker and chief clerk of the 
house of representatives, and then by the president and secretary 
of the senate." 

' ' The joint committee shall present all bills so signed to the gov- 
ernor for his approval, and report to each house the day and hour 
of such presentation to the governor, which time shall be carefully 
noted in the journal of each house. '^ 

''When a bill or resolution, which shall have passed one house, is 
rejected by the other, information thereof shall be given to the house 
in which the same shall have passed," 

"While the two houses are acting together upon elections (of 
United States senator, for example) or any other matter, the presi- 
dent of the senate shall preside. A call of the members of either 
house may be had in joint session by order of the house in which the 
call is desired." 

Organization of the Legislature. When the members 
elected to the state legislature meet at the capitol on the 
Tuesday after the first Monday in January, the senators 
meet in the senate chamber and are called to order by the 
lieutenant governor. After prayer, the list of those 
elected is read, the senators responding as their names 
are called. If a quorum (a majority) is present, the oath 
of office is taken by each member and the senate pro- 
ceeds to elect officers. Then notice is sent to the house 
of representatives and to the governor that the senate 
has organized and is ready to meet with the house to 
listen to the message of the governor. The house of 
representatives organizes in the same manner, the secre- 
tary of state or the chief clerk of the last house of repre- 
sentatives presides until a speaker has been elected. 
When both houses have organized, the senators pass to 
the hall of representatives and meet with them to listen 
to the governor's message. 



THE LEGISLATIVE DEPARTMENT 129 

Governor's Message. After the houses have assembled 
in the hall of representatives the governor and other 
state officers and the judges of the state supreme court 
pass in. The governor reads his message, reviewing the 
events of his two years' term and suggesting important 
needs of the state. If a change has been made in gov- 
ernors, the newly-elected one takes the oath of office and 
delivers an address to the legislature. 

Committees. The rules of each house provide for 
many committees to consider such matters as education, 
agriculture, railroads, appropriations, temperance, public 
health, rules, engrossed and enrolled bills, etc. All bills 
or resolutions are referred to the proper committees. 

It is the custom to have the lieutenant governor ap- 
point all committees of the senate. The speaker of the 
house of representatives appoints all of the committees 
of that body. Each committee has frequent meetings 
and whatever it decides as to what should be done with 
a bill given to it is usually accepted by the house, to 
which it reports. 

The '^ committee of the v:hole" is the entire house acting as a com- 
mittee. The presiding officer calls some member to take the chair and 
there is a general discussion. No action is then taken on any bill 
excepting to ' ' rise and report. ' ' When the committee of the whole 
''rises," that is, ceases to act as a committee, the one who was chair- 
man reports its conclusions to the regular presiding officer and a 
vote is taken on this report. Naturally if the entire house, acting 
as a committee, agrees to pass a bill, when the same men act as a 
legislative body they will pass the bill as agreed upon. The pur- 
pose of ''resolving into a committee of the whole house" is to have 
an informal discussion, of which no record is kept before binding 
action is taken. 

How a Bill Becomes a Law. A bill is a proposed law 
or amendment to a law. A senator may introduce any 
bill (excepting a bill of impeachment) in the senate and 
a member of the house of representatives may introduce 
any bill in that body. The writing of a proposed law is 
called "framing a bill," and may be done by any person. 



130 SOUTH DAKOTA, A REPUBLIC OF FRIENDS 

Form of a Bill. The form in which a bill is written is 
shown in the one which is reproduced here. The bill 
must contain (a) the name of the senator or representa- 
tive who introduces it; (b) a title, "A bill for an act, 
etc."; (c) the enacting clause, "Be it enacted by the legis- 
lature of the state of South Dakota"; and (d) the pro- 
posed law. 

The Usual Steps. The following are the usual steps 
by which a bill becomes a law : 

1. A bill is introduced by a member, who announces 
the fact at the time set apart each day for the introduc- 
tion of bills. 

2. It is then referred to the appropriate committee. 

3. After the committee has considered the bill it is re- 
ported back, usually with the recommendation that it 
''do pass," or that it "do not pass." 

4. It is read three times. (See the senate rule.) It 
may be amended by the committee or by the house at 
any time before the third reading. 

5. It is debated. 

6. It is engrossed for the third reading, amendments 
being included. The roll is called and the votes (yea or 
nay) are recorded. 

7. To pass it must receive the favorable vote of a 
majority of the members elected to the house, unless it 
provides for (a) special appropriations or (b) has an 
emergency clause providing that the law shall go into 
effect immediately after its passage and approval. In 
these two cases the bill must receive a two-thirds vote. 

8. The engrossed bill is then sent to the other house. 

9. The ether house proceeds in much the same manner 
as in the house where the bill originated. 

10. If it passes unchanged, it is enrolled by rewriting 
it with suitable changes in the heading. 



12th Session, Legislature of the State of South Dakota. 

HOUSE BILL No. 192 

Introduced by Mr. Van Camp 

A BILL 

For an Act Amending Section 147 of Chapter 135 of the Session Laws 
of the State of South Dakota of 1909, Providing for Tuition 
for Eighth Grade Graduates. 

Be it Enacted hy the Legislature of the State of South Dakota: 
Section 1. That Section 147 of the laws of 1907, as amended by 

Chapter 150 of the Session Laws of 1909, be and the same is hereby 

amended to read as follows: 

1 Tuition for Eighth Grade Graduates] Any pupil who shall 

2 successfully complete the work of the eighth grade as established 

3 in the state course of study and who shall hold a common school 

4 diploma granted by the county superintendent is privileged 

5 to continue his school work up to and including the twelfth 

6 grade by attending any graded school, high school, or normal 

7 school, in the state furnishing a higher course of study; and 

8 not to exceed $2.00 per month of the tuition charge therefore 

9 shall be paid by the board of his home district from the general 

10 fund thereof previded his home district does not provide instruc- 

11 tion in such higher grades, and any tuition charge in excess of 

12 said $2.00 per month, which in addition thereto shall not exceed 

13 the actual per capita cost per month of schooling a student in 

14 such graded school, shall be paid by parent or guardian. 
Section 2. 

1 All acts or pai-ts of acts in conflict with this act are hereby 

2 repealed. 

131 



132 SOUTH DAKOTA, A REPUBLIC OF FRIENDS 

11. The joint committee on enrolled bills presents the 
bill to the governor for his signature. 

12. The bill becomes a law (a) if the governor signs 
it ; (b) if he fails to sign it or disapprove it within three 
days (he is given ten days at the close of the session) ; 
(c) or if he vetoes it by returning it to the house where it 
originated, with his objections, providing it passes both 
houses again by a two-thirds vote. If the legislature has 
adjourned his veto is final if he files the bill with his ob- 
jections in the ofifice of the secretary of state. 

Powers Denied the Legislature. There are a number 
of powers which are denied the legislature. The legisla- 
ture may not pass a law which provides that the county 
seat of some county is to be changed. Such laws must 
be general — that is, must provide how any county may 
change the county seat. This is true of several other 
matters named in Article III, Section 23, of the con- 
stitution. 

An ex post facto law may not be passed by the legisla- 
ture. This is a law which would punish a person for do- 
ing something which was not a crime at that ti-me or 
which would increase the punishment of a crime already 
committed. It is not a crime at present for a woman to 
wear the body of a song bird on her hat. If the legisla- 
ture were to make this a crime and make the law apply 
to those who wore them when it was not against the law, 
this would be an ex post facto law {ex, from; post, after; 
facto, the deed) and would be unconstitutional. 

"No person shall be attainted of treason or felony by 
the legislature." It is not the proper work of the legisla- 
ture to try persons who are accused of crime and punish 
them. This is the work of the courts. See "treason" and 
"felony" in the Glossary. 

"The legislature shall not authorize any game of 
chance, lottery or gift enterprise, under any pretense or 



THE LEGISLATIVE DEPARTMENT 133 

for any purpose whatever." All forms of lotteries, bet- 
ting, raffling, selling or buying ''chances" on a prize, play- 
ing games for money or a prize are classed as gambling 
and are unlawful. 

Other powers denied the legislature are found in the state consti- 
tution, Art. Ill, sections 24, 26; VI, 3, 4, 14, 18; VIII, 16; XII, 3; 
XIII, 1, 2; XVII, 9, 10. 

Impeachment. The constitution provides that state 
officers and judges of the supreme and circuit courts may 
be removed from office by the legislature through an im- 
peachment process. An impeachment is a resolution 
passed by the house of representatives accusing some 
state officer or judge of a crime or misconduct. After the 
officer has been impeached (accused) by the house of 
representatives, he is tried by the senate. If the governor 
or lieutenant governor is impeached, the presiding judge 
of the supreme court presides over the senate during the 
trial. To find the accused officer guilty it requires a two- 
thirds vote of all of the senators elected. After an officer 
has been impeached by the house of representatives he 
cannot exercise the duties of his office until he is ac- 
quitted by the senate. If he is found guilty by the senate 
he may be removed from office and disqualified from ever 
again holding any office under the state. V\^hile the sen- 
ate cannot inflict any further punishment, the accused 
may be re-arrested and tried in the courts just the same 
as though no impeachment process had begun. 

Privileges of Members. The members of the legisla- 
ture are given two privileges to protect them from inter- 
ruption while attending to their duties and to permit 
them to speak freely while in session. (1) A member is 
free from arrest during a session of the legislature or 
while going to or from a session except for treason, felony 
(see glossary) or breach of the peace. (2) For anything 
said by a member in any speech or debate in either house 



134 SOUTH DAKOTA, A REPUBLIC OF FRIENDS 

he is not subject to arrest or punishment excepting by the 
house itself. 

Law in Effect. Ordinarily a law does not go into ef- 
fect until ninety days after the legislature adjourns. This 
is to give the people time to learn what laws have been 
passed. When it is very important that there be no de- 
lay and it is desired to have a law go into effect at once, 
if two-thirds of the members elected to each house are in 
favor of it an emergency is declared to exist and the law 
goes into effect as soon as it is approved by the governor. 
A long delay may be brought about by the use of the 
referendum. 

Initiative and Referendum. At the beginning of this 
chapter it was stated that there are two ways of secur- 
ing laws in South Dakota. We have studied the legisla- 
ture and its work, now let us see how the people may se- 
cure laws by another method or may disapprove of laws 
passed by the legislature. 

If the legislature does not pass a law that is desired by 
the people, a petition containing the proposed law may be 
signed by five per cent or more of the voters and the leg- 
islature must provide that the proposed law be submitted 
to a vote of the people at the next general election. Any 
person or group of persons may prepare the petition and 
write out the proposed law. The first part of this 
process, the proposing a law by five per cent of the 
voters, is called the initiative (Lat. initiare, to begin). 
The second part, the referring of it to the voters, is called 
the referendum (Lat. re, back -[- ferre, to carry). The 
legislature should pass a law and before the law goes into 
effect a petition signed by five per cent of the voters is 
presented to the secretary of state asking that the law be 
submitted to a vote of the people, the law does not go 
into effect unless it is approved by the voters at the next 
general election. If a majority of those who vote on the 



THE LEGISLATIVE DEPARTMENT 135 

law are in favor of it, the law goes into effect, otherwise 
it does not. By means of the referendum a good law 
may be kept from going into effect until the next genera! 
election, usually a year and a half after it is passed, if 
five per cent of the voters sign a referendum petition for 
it. As there are some laws which should not be delayed, 
the constitution provides that the referendum shall not 
be applied to ''such laws as may be necessary for the im- 
mediate preservation of the public peace, health or safety, 
support of the state government and its existing public 
institutions." "The enacting clause of all laws approved 
by a vote of the electors (voters) of the state shall be 
'Be it enacted by the people of South Dakota.' " The 
initiative and referendum may be applied in a similar 
manner by voters in a city to actions of the city council 
or commission. 

To Amend the Constitution. While, on the whole, our 
state constitution is good and we are well satisfied with 
its principal provisions, it is far from perfect, and so from 
time to time portions of it need to be changed. Two 
steps are necessary to amend the constitution. (1) The 
legislature may propose an amendment. (2) At the 
next regular election the proposed amendment is voted 
upon and if it is approved or ratified by a majority of 
those who vote on the amendment it becomes a part of 
the constitution. 

QUESTIONS. 

PBEAMBLE. Eepeat the preamble to the constitution of South 
Dakota; of the United States. 

THE STATE LEGISLATUEE. What two methods are provided 
in the constitution for securing laws? Which method is usually 
followed? Of what does the legislature consist? How often does the 
legislature meet? Where does each house meet? When do the regular 
sessions begin? 

TEE SENATE. How small may this body be? How large? What 
has usually been the number? What caution is given concerning 
confusion with the United States Senate? 



136 SOUTH DAKOTA, A REPUBLIC OF FRIENDS 

TEE BOUSE OF EEPBESENTATIFES. How small may this 
body be? How large? 

LEGISLATIVE DISTBICTS. How often mu:3t the legislature 
divide the state into districts for electing senators and representatives? 
Why is this done? Why is the census taken? By whom? In which 
senatorial district is your home? How many senators are elected in 
this district? In which representative district is your home? How 
many representatives are elected from this district? When will the 
legislature again district the state? Why is the census taken? When? 

QUALIFICATIONS OF MEMBEES. To be a senator or repre- 
sentative, what six qualifications must one have? 

TEBM AND VACANCIES. What is the term of a senator or 
representative? When are they elected? When does the term begin? 
How may a vacancy be caused? How filled? 

SALAEY. What is the salary of a member of the legislature? 
Mileage ? 

SESSIONS. What is the length of a regular ses&ion of the legis- 
lature? What exceptions? 

OATH. What oath is taken by members? 

CONTESTS. What is meant by a contested election? How 
settled? 

QUOEUM. What is meant by a quorum? What number con- 
stitutes a quorum of each house of the legislature? 

PEE SIDING OFFICEE OF THE SENATE. Who is the presiding 
officer of the senate? How chosen? His salary? When does he vote 
in the senate? Term? What is the president pro tempore? How 
chosen? How is the presiding officer of the senate addressed? 
Name the other officers and their duties. What is an engrossed bill? 
An enrolled bill? 

OFFICEES OF THE HOUSE OF EEPEE SEN TAT IVES. Who is 
the presiding officer? Give the origin of the term. How is he 
addressed? What other officers has the house of representatives? 

EULES OF THE SENATE. What are the senate rules concerning 
(1) journal, (2) punishment of members, (3) call of senate, (4) 
amendment of bills, (5) reading of bills? 

EULES OF HOUSE OF EEFEE SEN TAT IVES. What are the 
house rules concerning (1) call of the house, (2) the putting of a 
question, (3) the yeas and nays? Name and explain the three methods 
of voting. 

JOINT EULES. How are all communications between houses car- 
ried on? What is a conference committee? Tell about the enrollment 
of a bill. Explain what is done with an enrolled bill. Who presides 
at a joint meeting of both houses? 

OEGANIZATION OF LEGISLATUEE. When does the legislature 
meet? Where? What are the rooms called in which the two bodies 
meet? In organizing, what is done first? What next? Explain the 
further proceedings. 

GOVEENOE'S MESSAGE. What does the governor include in his 
message? Who are present when it is read? Where? 



THE LEGISLATIVE DEPARTMENT 



137 



COMMITTEES. Name some of the principal committees. How 
are they chosen? What are their duties? What is the ''committee of 
the whole?'' 

HOW A BILL BECOMES A LAW. What is a bill? Who may 
introduce one? What is meant by ''framing a bill"? 

FOEM OF A BILL. What are the four necessary parts of a bill? 

THE USUAL STEPS. Name all of the steps by which a hill 
becomes a law. 

TOW FES DENIED THE LEGISLATUBE. Name some of the 
special laws which the legislature may not pass. What is an ex post 
facto law? Give an example. What other powers are denied the 
legislature ? 

IMPEACHMENT. Who may be impeached? What is impeach- 
ment? Who may pass a bill of impeachment? After an oflfieer has 
been impeached, where is he tried? What punishment may be 
inflicted by the senate? 

PEIVILEGES OF MEMBERS. What two privileges are given 
members of the legislature? 

LAW IN EFFECT. Ordinarily, when does a law go into effect? 
Under what conditions may a law go into effect at once? 

INITIATIVE AND BEFEEENDUM. Carefully explain the initia- 
tive and referendum. 

TO AMEND THE CONSTITUTION. What two steps are neces- 
sary to amend the constitution? 



CHAPTER X 
THE EXECUTIVE DEPARTMENT 

*'Eulers are not a terror to good worTcs, 'but to the evil." 
Elective Officers 

Governor. The governor is the principal executive 
officer of the state. South Dakota has always chosen for 
this high office men of noble qualities and pure lives, men 
who have been an honor and credit to this great state. 

Term and Qualifications. The governor is elected by 
the voters of the state for a term of two years. He may 
be re-elected any number of times, but it is customary in 
this state not to elect the same person for more than two 
terms. To be governor one must be (1) a citizen of the 
United States, (2) a voter, (3) at least thirty years old, 
and (4) must have lived in the state two years next 
preceding his election. During the term for which he 
was elected governor he cannot hold any other office. 

Powers and Duties. The duties of the governor are 
summarized in these two provisions of the law : "He 
shall supervise the official conduct of all executive and 
ministerial officers. He shall see that the laws of the 
state are faithfully and impartially executed." 

He is commander-in-chief of the state militia,* except- 



* The unorganized militia consists of all able-bodied male citizens who 
are residents of the state and are between the ages of eighteen and forty- 
five. The organized militia is known as the South Daliota state guard 
and its officers and members have an annual encampment at Lake Kam- 
peska, near Watertown. The governor appoints an adjutant general, who 
has active charge of the state guard, inspecting companies, supervising 
their drill, taking charge of their equipment, etc. His military rank is 
brigadier general. The assistant adjutant generals have the rank of colonel 
and the chief officer of each company has the rank of captain. 

138 



GOVERNORS OF SOUTH DAKOTA, 





Arthur C. Mellette. 



Charles H. Sheldon. 





Charles N. Herreid. 



Andrew E, Lee. 



GOVERNORS— Continued. 




Samuel H. Elrod. 





Robert S. Vessey. 



Coe I. Crawford. 



THE EXECUTIVE DEPARTMENT Ml 

ing when the President ^i the United States calls it into 
service, and he may call it out to preserve order and en- 
force law if it is necessary. He may call special sessions of 
the legislature, give messages and recommendations to 
it, and, as we have seen, he may veto bills passed 
by it. He may pardon any persons who have been con- 
victed of violating the laws of the state, providing the 
punishment be a fine of $200 or less or imprisonment in 
the penitentiary for not more than two years. For these 
greater offenses he may grant pardons only upon the 
recommendation of the hoard of pardons, consisting of 
the presiding judge of the state supreme court, the secre- 
tary of state and the attorney general. (See Article IV, 
Section 5.) There are many officers appointed by the 
governor, as we shall notice soon. He may appoint a 
United States senator if a vacancy occurs vv^hen the legis- 
lature is not in session, but his appointment is valid only 
until the legislature meets. (See p. 236.) If a vacancy 
occurs in any office and the law does not make other pro- 
visions for filling the vacancy, the governor makes the 
appointment. 

If a person within the state is accused of a crime committed in 
another state he cannot be taken out of this state without the con- 
sent of our governor. If a person has fled from justice to this state 
from a foreign country, the governor then has nothing to do with the 
matter and tlie accused person can be surrendered to the country 
from which he has fled only by permission of the President of the 
United States. The process of getting authority to return a fugitive 
from justice is called extradition. 

The governor is a member of the state board of equalization and 
assessment, the board of school and public lands, and of the board 
of canvassers of election. His salary is $3,000 a year. 

"There shall he chosen hy the qualified electors of the state, at the 
time and places of choosing members of the legislature, a secretary 
of state, auditor, treasurer, superintendent of public instruction, com- 
missioner of school and public lands, and an attorneij general, who 
shall severally hold their offices for the term of two years, but no 
person shall be eligible to the office of treasurer for more than two 
terms consecutively. They shall respectively keep their offices at 
the seat of (government, "-^Art. IV, Constitution. 



142 SOUTH DAKOTA, A REPUBLIC OF FRIENDS 

Secretary of State. This officer has charge of all acts 
and resolutions passed by the legislature, the journals of 
the legislature, the enrolled copy of the constitution of 
the state, deeds to all property belonging to the state; 
and of the state seal. He affixes the seal to all certificates 
of appointment to state offices, certificates of election to 
any office which is filled by the voters of the state, to 
pardons and other public documents to which the signa- 
ture of the governor is required, also to charters for cor- 
porations and other public documents issued from his 
office. He issues charters for corporations (excepting in- 
surance companies) and has some supervision over them. 
He has charge of the capitol building and grounds. 

Nominations of candidates for any office to be filled by 
all of the voters of the state are filed with the secretary 
of state, and he reports these names to the county aud- 
itors so that they may be printed on the ballots of each 
county. The results of such elections are reported to him 
by the county auditors. He is a member of the state 
board of canvassers of elections, which examines these 
returns and reports who is elected. 

He is also a member of the board of pardons, of the board of 
equalization and assessment, and of the mark and brand committee. 
He has charge of the printing of the laws. As we have already noted, 
he presides over the house of representatives until it elects a speaker. 

State Auditor. This officer has charge of all accounts 
of the, state, of all money received by the state and of all 
paid out. If a person has money due him from the state 
he receives a warrant from the state auditor directing the 
state treasurer to pay him the proper amount. The 
auditor is a member of the state board of equalization 
and assessment and of the board of canvassers of elec- 
tions. 

State Treasurer. All of the funds of the state are en- 
trusted to the care of this officer, who gives heavy bonds 



THE EXECUTIVE DEPARTMENT 149 

accounts of any state educational, penal or charitable in- 
stitution. Upon request of the county commissioners of 
any county, or the governor, the executive accountant 
must examine the accounts of any county officer. 

Commissioner of Insurance. Insurance is a plan for 
distributing the losses which are caused by fire, wind, 
death, etc. When a house burns or when an industrious 
person dies there is a severe financial loss for some one. 
Each person who pays an insurance premium is helping 
to share some one's loss, for long experience makes it 
possible to tell in advance just what it costs to carry each 
risk. The law provides many safeguards to protect those 
who have insurance and to encourage this work of pro- 
viding for future danger of loss. The principal duties of 
the commissioner of insurance are to see that the laws of 
the state respecting insurance companies are faithfully 
observed. He is kept fully informed concerning the con- 
dition of each company doing business in the state and 
may start prosecutions if the laws are violated. Any in- 
surance companies formed in this state receive their 
charters from him. 

The law prescribes standard insurance policies, which must be used 
by all companies doing business in the state. In case of a total loss 
by fire the full sum must be paid by the insurance company, but in 
case of partial loss by fire only the actual damage is paid. A policy 
cannot be transferred, or insured goods removed, without the con- 
sent of the company, and a person may not take out more fire insur- 
ance with another company without the consent of the company 
already insuring the property. 

Oil Inspectors. The state is divided into three dis- 
tricts for the examination of all illuminating oil, Such as 
kerosene and gasoline, to see that it is of proper quality. 

The law provides that all cans or casks containing gasoline shall 
be painted red. Gasoline e\aporates rapidly, and the gas thus formed 
burns and explodes very easily. Great care should be taken when 
filling cans with gasoline or cleaning clothes with it, and no fire or 
light should be in the same room or adjoining rooms while this is 
being done. It is dangerous to pour kerosene or gasoline on a fire. 



150 SOUTH DAKOTA, A REPUBLIC OF FRIFNDS 

State Veterinary Surgeon. He must be a graduate of 
a veterinary college course of at least three years and in 
addition have practiced his profession for that length of 
time. He is the executive officer of the live stock sani- 
tary board, though not a member of the board. He en- 
forces their rules and the state laws concerning the pre- 
vention of contagious and infectious diseases among do- 
mestic animals. Live stock having certain diseases are 
killed under his -direction. 

State Game Warden. This officer, together w^ith the 
deputy wardens in the different counties, sees to the en- 
forcement of the game laws. 

State Engineer of Irrigation. This officer has super- 
vision over drainage and waters used for irrigation. 

State Hotel Inspector. His duties are to see that the 
laws relating to cleanliness and protection against fire 
are enforced in hotels. He is also ''state building in- 
spector," being charged with the inspection of theaters, 
schools, churches, hospitals and other buildings that ac- 
commodate one hundred persons. 

''All doors of exit or entrance shall open outward and be liung to 
swing in such a manner as not to become an obstruction in a passage 
or corridor, and no such doors shall be closed and locked when the 
building is open to the public." — Laws of 1909. 

Commissioner of Immigration, The legislature of 1911 
provided for this officer to have charge of advertising the 
resources of the state. 

State Food and Drug Commissioner. This officer has 
the important duty of enforcing the laws relating to the 
adulteration of foods and drugs. Both the United States 
and the state have passed pure food and drug laws and 
each has its officers to enforce them. 

State Dairy Expert. This officer is connected with the 
college of agriculture and mechanic arts at Brookings 
and has charge of the enforcement of the laws relating 



THE EXECUTIVE DEPARTMENT 151 

to dairy products. He causes inspection to be made of 
creameries, cheese factories and dairies. 

Department of History. In 1901 the legislature created 
this department and provided for a state historical so- 
ciety. The secretary of this society is the state librarian, 
who has charge of the many valuable books, documents 
and mementoes of state and national value in the state 
library and museum in the capitol building. The secre- 
tary of the society is also superintendent of the state 
census and is the state statistician, collecting statistics 
concerning births and deaths, crops and other matters of 
public interest. The biennial reports of the historical 
society are prepared by him and comprise a great deal of 
valuable material of historical interest. Mr. Doane Rob- 
inson has occupied this responsible position from the time 
it was established. 

Salaries of State OfBcials. Excepting those given, the 
salaries of state officials are usually from $1,500 to $1,800 
per year. Most of these were fixed in the constitution at 
a time when such a salary was sufficient. That sum of 
money will now buy only about one-half as much as it 
would then, so in reality the salaries have been decreas- 
ing to about one-half what they should be. At the same 
time the growth of the stale has greatly increased the 
work and duties of all of the officers. It would be very 
much better if the legislature had power to fix all sala- 
ries, and then they could be changed as conditions 
change. To do this it will be necessary to amend the 
constitution. 

In England members of parliament (corresponding to our con- 
gress) get no pay at all. It is thus impossible there for a poor jnan 
to become a member unless, as was once done, collections be taken 
among his friends to support the man while he was serving his coun- 
try. Salaries should not be so large that men will be tempted to do 
improper things to get an office, neither should they be so small that 
an officer can scarcely make a living from his salary. This is too 
great and too rich a state to require that a public officer must find 



152 SOUTH DAKOTA, A REPUBLIC OF FRIENDS 

himself a poorer man at the close of his service. ''The laborer is 
worthy of his hire." 

State Boards 

Some matters are cared for by boards instead of by in- 
dividuals. A board made up of officers elected for other 
purposes is said to be "ex-oMcio" (Lat. ex, out of; officio, 
the office). The board of school and pubhc lands and the 
board of pardons are, as we have seen, of this kind. The 
presiding judge of the state supreme court is ex-officio 
a member of the board of pardons. 

State Board of Equalization and Assessment. This 
board consists of the governor, secretary of state, auditor, 
treasurer and commissioner of school and public lands. 
They meet and assess the value of the property of 
railroads, telephone, telegraph, and express companies 
within the state. The property is then taxed according 
to its value. This board also goes over the reports of the 
assessment of property in the different counties and 
"equalizes" them. Thus, if lands are valued too high in 
one county as compared with their value in another, the 
board may lower the one or raise the other, or do both. 

State Board of Canvassers of Elections. As we no- 
ticed when studying the duties of the secretary of state, 
county auditors send to this board a report of the votes 
cast for candidates for offices for which all voters of the 
state cast ballots — for governor, secretary of state, presi- 
dential electors, etc. The governor, presiding judge of 
the state supreme court, secretary of state and the state 
auditor examine these reports from the various counties 
and decide who are elected. If a member of this board is 
a candidate for office he does not help count the votes 
cast for that office. 

Regents of Education. This board of five members is 
appointed for six years each and has control of the state 



THE EXECUTIVE DEPARTMENT 153 

higher educational institutions. The board has general 
supervision over these schools, selects teachers, adopts 
courses of study and has charge of all expenditures. The 
president and faculty of each school have immediate 
charge over its affairs, subject to the approval of the 
board. The state educational institutions (see Chapter 
IV) are as follows : 

State University, Vermillion, 

State College of Agriculture and Mechanic Arts, Brookings. 

State School of Mines, Eapid City. 

Northern Normal and Industrial School, Aberdeen. 

Three state normal schools, Madison, Spearfish and Springfield. 

A member of this board may not be appointed from a 
county in which one of these institutions is located. This 
is for the purpose of preventing any of them from com- 
ing under the control of the locality in which it is lo- 
cated and of keeping the schools, as they should be, state 
institutions. The board appoints a secretary who keeps 
records of their meetings and does accounting for them. 

Board of Charities and Corrections. This board is 
similar in every way to the board of regents excepting 
that it has charge of the corrective institutions of the 
state. These are : 

Penitentiary, Sioux Falls. 

State Training School (a reform school), Plinkinton. 
Hospital for the Insane, Yankton. 

Northern Hospital for the Insane (a school for feebleminded), 
Eedfield. 

School for the Deaf, Sioux Falls. 
School for the Blind, Gary. 

A board of three women is appointed for two years, whose duty is 
to examine conditions at these institutions and the treatment of in- 
mates and report to the governor. The examiners receive three dol- 
lars per day and their necessary expenses while visiting institutions. 

Commissioners of the Soldiers' Home. This board 
consists of three members, each being appointed for six 
years, and has charge of the affairs of the state soldiers' 



154 SOUTH DAKOTA, A REPUBLIC OF FRIENDS 

home at Hot Springs. A national soldiers' home is main- 
tained at Hot Springs by the United States. 

State Board of Agriculture. This board consists of 
five members, appointed for two years each, and has 
charge of the state fair which is held each year at Huron. 

State Board of Health. Five physicians, appointed by 
the governor for five years each, constitute this board. 
The board makes rules for the control of contagious and 
infectious diseases and superintends the boards of health 
of counties, cities, and towns. The state health labora- 
tory is at the state university at Vermillion, in charge of 
one of the professors of the college of medicine. Micro- 
scopical tests and chemical analyses are made there. 

Mark and Brand Committee. Three stock raisers are 
appointed by the governor for two years and these, with 
the secretary of state, constitute this committee. All per- 
sons who adopt marks or brands for their live stock must 
send copies of them with a fee of two dollars and fifty 
cents to the secretary of state. The committee must ap- 
prove the brand before it may lawfully be used. 

Teachers' Reading Circle Board. This board consists 
of the president of the state educational association, one 
county superintendent elected at a meeting of the county 
superintendents of the state, and the superintendent of 
public instruction. The board adopts books for the read- 
ing circle and has general charge of the work. 

Boards of Examiners. A number of state boards are 
appointed for the examination of those who wish to prac- 
tice medicine, dentistry, embalming, pharmacy, etc. 

State Printing Commission. The governor, secretary 
of state and state treasurer constitute the board which 
has charge of all printing for the state. The governor 
appoints some one who is well versed in printing as the 
state printer and he has supervision of the work under 
the direction of the board. 



THE EXECUTIVE DEPARTMENT 155 

Live Stock Sanitary Board. This board consists of 
five members, who must be live stock men, appointed for 
five years each. It is the duty of the board to protect the 
health of domestic animals of the state and to employ the 
most efficient and practical means for preventing and 
eradicating contagious and infectious diseases among 
them. The professor of bacteriology and pathology of 
the state college of agriculture and mechanic arts at 
Brookings makes examinations of diseased animals, or 
portions of them, for the board. The board has pov^er to 
quarantine any barns, other buildings or lots to prevent 
the spreading of diseases, or order the destruction of 
diseased animals. The state veterinary surgeon is the 
executive officer of the board. 

''It shall be the duty of any person who discovers, suspects, or 
has reasons to believe, that any domestic animal or animals belong- 
ing to him or any in his charge, or that may come under his observa- 
tion, belonging to other persons, is affected with or has been exposed 
to any contagious, infectious, epidemic or communicable disease, to 
immediately report such fact, belief or suspicion to the state live 
stock sanitary board or to a member or representative thereof. ' ' — Ses- 
sion Laws, 1909. 

Board of Immigration. The governor, secretary of 
state, and the commissioner of school and public lands 
constitute this board. The governor is, ex-oMcio, its chair- 
man, and the commissioner of immigration is its executive 
officer and agent. 

Board of Finance. This is another ex-ofUcio board, 
consisting of the governor, secretary of state, state audi- 
tor, and public examiner. The principal duty of the 
board is to supervise the safe keeping of all state funds. 

QUESTIONS. 

GOVERNOE, What kind of men have the voters of South Dakota 
always chosen for this high office? Who is the present governor? 
What other governors can you name? 

TEEM AND QUALIFICATIONS. How is the governor chosen? 
For how long? How many times may he be re-elected? What is the 
custom? Name the four legal qualifications of a governor. 



156 SOUTH DAKOTA, A REPUBLIC OF FRIENDS 

POWEBS AND DUTIES. Quote the two provisions of the law 
which summarize his duties. Explain his relation to the state 
militia. When does he yield control of the state militia? Who are 
members of the unorganized militia? What is the organized militia 
called? What of&cers has it? What are the governor's powers in 
connection with the state legislature? What pardoning power has 
the governor? Tell about the board of pardons. What is said about 
his appointing a United States senator? About filling other vacancies? 
Explain the procedure in case of a criminal fleeing from another 
state; in case of a criminal fleeing from a foreign country. What is 
the process called by which a fugitive from justice is surrendered? 
Name three boards of which he is a member. What is his salary? 
Read all you can find in the state constitution about the governor. 
Look up all references to the governor in the index of this book. 

SECRET AEY OF STATE. What documents are given to the care 
of this officer? What are the uses of the state seal? Describe the 
state seal (see page — ;), Who employs janitors for the eapitol 
building? What are the' duties of the secretary of state in connec- 
tion with the nomination of candidates for office and the election of 
officers? Name the offices for which he attests certificates of election. 
Name two boards of which he is a member. Of what committee is he 
a member? What is his duty when the legislature meets? Look up 
the references in the index and name other duties of the secretary of 
state. 

STATE AUDITOR. Explain the duties of this officer in connec- 
tion with the money of the state. Of what two boards is he a 
member ? 

STATE TREASURER. What protection has the state for the 
money entrusted to this officer? When does he pay out money? What 
officer keeps a check on his accounts? Of what board is he a member? 
Tell about the standard weights and measures which he keeps. Quote 
as many legal weights as you can. 

SUPERINTENDENT OF PUBLIC INSTRUCTION. What are 
the principal duties of this officer? Ask your teacher what grade of 
certificate she possesses, how it was obtained, and for how long it is 
valid? What had this officer to do with the issuing of it? Who 
occupies this important position at present? Can you name any 
former state superintendents? 

COMMISSIONER OF SCHOOL AND PUBLIC LANDS. Where 
and when did South Dakota get public lands? From whom? For 
what purposes? Who has charge of the sale and rental of these 
lands? What is the board of school and public lands? What does 
this board do? How are public lands leased? How sold? Who issues 
the deed to public lands sold? What is this deed called? What is 
done with money derived from the sale of school lands? How is 
the interest on the permanent school fund apportioned? 

ATTORNEY GENERAL. Of what officers is he the legal adviser? 
What is the effect of his dec4sions? How may his decisions be over- 
ruled. In what cases does he represent the interests of the state? 
Give an example of this. Of what boards is he a member? What 
change should be made in his salary and services? 



THE EXECUTIVE DEPARTMENT . 157 

BAILWAY COMMISSIONERS. How many? How clio?en? 
Term? Qualifications? What is the principal business of this board? 
What are their powers and duties? 

APPOINTIVE STATE OFFICERS. How are the appointments 
made? How when the state senate is not in session? What is the 
usual term? 

BANK EXAMINER. What qualifications must he possess! What 
are his duties? 

EXECUTIVE ACCOUNTANT. What are his duties. 

COMMISSIONER OF INSURANCE. Define insurance. Show what 
each premium represents. What are the duties of this oflacer? Mr. 
A sold his house to Mr. B. Could he transfer the insurance on the 
house also? When Mr. A removed his household goods, he did not 
get the insurance company's consent to continue the insurance on the 
goods. In ease of fire, would the company have to pay the insurance? 
If he took out insurance in another company and said nothing about 
insurance he already held, what would be the effect? What is the law 
concerning doors of public buildings opening outward? About fire 
escapes? 

OIL INSPECTORS. How many? Their duties? Mention some 
precaution to take in using gasoline. Kerosene. 

STATE VETERINARY SURGEON. What are the duties of this 
officer? What is done in case of dangerous diseases among animals? 

STATE GAME WARDEN. What are his duties? 

STATE ENGINEER OF IRRIGATION. What are his duties? 

STATE HOTEL INSPECTOR. What are his duties? 

COMMISSIONER OF IMMIGRATION. What are his duties? 

STATE FOOD AND DRUG COMMISSIONER. What are his 
duties? 

DEPARTMENT OF HISTORY. W^hen created? Who is the state 
librarian? What things are preserved by the state historical society? 
What other duties has its secretary? 

SALARIES OF STATE OFFICIALS. What are the usual salaries 
of South Dakota state officials? When were these fixed? Where? 
What can you say as to such salaries in 1889 as compared with their 
value at present? What remedy is suggested? 

STATE BOARDS. What is meant by an "ex-ofilcio" board? 

STATE BOARD OF EQUALIZATION AND ASSESSMENT. 
Composed of whom? What property do they assess? What is meant 
by ' * equalizing ' ' assessments ? 

STATE BOARD OF CANVASSERS OF ELECTIONS. What 
officers make up this board? What are the duties of this board? 

REGENTS OF EDUCATION. Number of members? Term? 
Duties? Name and locate each of the state institutions under their 
charge. From what counties may they not be chosen? Why? 

BOARD OF CHARITIES AND CORRECTIONS. Duties? Name 
the state institutions over which this board has control. Tell about 
the board of lady examiners. 



158 SOUTH DAKOTA, A REPUBLIC CF FRIENDS 

COMMTSSIONEES OF THE SOLDIERS' HOME. Where is this 
home? For whom? How controlled? 

STATE BOABD OF AGBICULTUEE. The principal duty of this 
board? 

STATE BOARD OF HEALTH. Qualifications of members? 
Duties? 

MARK AND BRAND COMMITTEE. Of whom does this com- 
mittee consist? Their duties? 

TEACHERS' READING CIRCLE BOARD. Ot whom does this 
board consist? Duties? 

BOARDS OF EXAMINERS. Name three state examining boards. 

STATE PRINTING COMMISSION. Of whom composed? Duties? 

LIVE STOCK SANITARY BOARD. Consists of whom? Duties? 
Who is the executive oflficer? 

BOARD OF IMMIGRATION. Of whom composed? Who is the 
executive officer? 

BOARD OF FINANCE. Of whom composed? Duty? 



SOME REPRESENTATIVE COUNTY COURT HOUSES. 





Marshall. 



Minnehaha. 




iM^HH....^HJljlJLl^K.Lii 



Day. 



Roberts. 




Meade 



Lawrence 



CHAPTER XI 
THE COUNTY 

Functions of County OfBcers. The county is an im- 
portant subdivision of the state for governmental pur- 
poses. Its officers carry out the provisions of state laws 
Avithin the county. Thus the sheriff arrests persons who 
are accused of violating- state laws within the county, the 
game warden protects the game according to the state 
gams laws, the register of deeds records deeds and mort- 
gages as the laws of the state provide that they shall be 
recorded, and the county superintendent of schools sees to 
the enforcement of the school laws of the state within his 
county. The county officers are, in reality, state officers 
whose power is limited to the county. Of course, they 
are called county officers, since they are, in nearly all 
cases, elected by the voters of the county and paid by the 
taxpayers of it. One of them, however, is called state's 
attorney, and for this reason many students confuse him 
with the attorney-general of the state. Although some- 
times confusing, the term is better than county attorney, 
as he is called in many states, for his duty is to enforce 
state laws and act as an attorney for the state within the 
county. 

Relation of County to State. It is thus easily seen that 
the relation of the county to the state is not like the rela- 
tion of the state to the nation. The county is, in the 
main, a district for the administration of state laws. A 
state is not simply a district for the administration of the 
laws of the United States, for the state carries on its own 

161 



162 SOUTH DAKOTA, A REPUBLIC OF FRIENDS 

government and has nothing directly to do with the ad- 
ministration of national laws. The nation has its own 
officers to enforce its laws. If the county officers simply 
carried out the provisions of laws adopted by and for the 
county and left all enforcement of state laws to state 
officers, then the county would sustain the same relation 
to the state that the state does to the nation. 

County Enforces State Law. It is true that counties 
do adopt a very few regulations of their own and the 
county officers see that these regulations are enforced. 
These are so few, however, that they may be ignored. 
The student should think of the state as providing for 
elections, the county as carrying out the election laws ; 
the state as providing for registering deeds and other in- 
struments, the county as providing the means for doing 
the work; the state as providing for public school super- 
vision, the county as furnishing an officer and means for 
carrying out the law; the state as providing- for the pun- 
ishment of crimes, the county as supplying a sheriff and 
jails for the arrest and custody of accused persons, a 
clerk for recording the court proceedings, a court house 
for the trial, etc. 

To Organize a New County. We have in South Da- 
kota several unorganized counties ; that is, counties hav- 
ing no officers. These are created by the state legisla- 
ture and attached to nearby organized counties for tax- 
ation and court purposes. A taxpayer in an unorganized 
county pays his taxes to the treasurer of the organized 
county to which it is attached. 

** Whenever the voters of any unorganized county in this state shall 
be equal to one hundred and fifty or upwards, and at least one hun- 
dred and fifty shall desire to have said county organized, they may 
petition the governor, setting forth that they have the requisite num- 
ber of legal voters to form a county organization, and request him to 
organize said county as hereafter provided/' — Political Code. 

' ' No new counties shall be organized so as to include an area of Jess 
than twenty-four congressional townships, as near as may be without 



THE COUNTY 163 

dividing a toTvnsliip or fractional township, nor shall the boundaries 
of any organized county be changed so as to reduce the same to a 
less area than above specified." — Const. Art. IX. 

The petition, containing the proper number of signa- 
tures, describes the boundaries of the proposed county 
and suggests the name desired for the county. Upon re- 
ceiving it the governor calls an election in the proposed 
county to elect officers and locate a county seat. After 
the coimty officers have been elected, furnished bonds and 
taken the oath of office, the county is fully organized. 

"Each organized county is a body corporate for civil and political 
purposes only, and as such may sue and be sued, plead and be im- 
pleaded in any court in the state. ' ' — Political Code. 

County Commissioners. This board consists of either 
three or five members. If there are three commissioners 
and a petition for two more be signed by one-third of the 
voters of the county, the number is increased to five. The 
county is divided into commissioner districts and one 
commissioner is elected by the voters of each district 
for four years. 

At their first regular meeting in January each year they 
select one of their number to act as chairman of the 
board. The coimty auditor is the clerk of the board and 
keeps minutes, or records, of their meetings. He is not a 
member of the board, though he is always present at their 
meetings as their clerk. 

The board has charge of all property of the county, 
such as the court house and grounds, jail, county hos- 
pital, and poor farm, if the county has them. All work 
that is done at the expense of the county is looked after 
and accoimted for by this board. Thus the law provides 
that all bridges within the county that cost over one hun- 
dred dollars must be built at the expense of the county 
(if less than that, by the township). Bridge repairs cost- 
ing over twenty dollars are paid in part by the county. 



164 SOUTH DAKOTA, A REPUBLIC OF FRIENDS 

The county commissioners have charge of such bridge 
building or repairing, order it done and authorize the 
payments from county funds. 

The board examines all bills against the county and 
may authorize their payment. The clerk of the board 
(county auditor) draws warrants for the payment of 
such bills, the chairman of the board also signs them and 
the treasurer of the county then pays them. The board 
represents the county in any lawsuit in which the county 
is financially interested. The bonds given by the county 
officers for the faithful accounting of money must be ap- 
proved by the board. If the county wishes to borrow 
money, say, for the building of a court house, bonds 
(notes, or promises to pay) are issued by the board and 
then sold to anyone who wishes to loan money to the 
county. In most cases the county commissioners may 
not issue bonds unless a vote of the people of the county 
is in favor of it. The board levies the taxes for paying 
the expenses of the county. It examines all accounts of 
county officers and fills vacancies which may occur in 
any county office excepting county judge (see p. 290). 

There are four regular meetings of the board provided by law. 
These are on the first Monday in January, April, July and October. 
Two other meetings are provided for in connection with assessing 
property; that is, deciding the value of property for taxation. Spe- 
cial meetings of the board may be called at any time, as agreed by 
themselves or called by the county auditor. 

' ' The assessors shall meet the commissioners and auditor at the 
office of the county auditor on the first Tuesday of April for confer- 
ence with the commissioners and auditor in reference to the perform- 
ance of their duties." — Political Code. 

"The county commissioners, or a majority of them, with the county 
auditor shall form a board for the equalization of the assessment of 
property of the county. They shall meet for this purpose annually, 
on the first Tuesday in July, at the office of the auditor. . . . 
During the session of said board of assessment and equalization any 
person, or his attorney or agent, feeling aggrieved by anything in the 
assessment roll, may apply to the board for the correction of any 
alleged errors in the listing or valuation of his property, whether 
real or personal, and the board may correct the same as ghall be 
just. ' ' — Political Code. 



THE COUNTY 165 

The commissioners are members of the county board 
of education, which meets every five years for adopting 
school books to be used in the county. After elections 
held for county or state officers, the board meets and can- 
vasses the returns from the different portions of the 
county. They examine the reports from the townships, 
cities and towns and decide what county officers were 
elected. Their clerk, the county auditor, sends reports as 
to all votes cast to the secretary of state. 

*'In each organized couyity at the -first general election held after 
the admission of the state of South Dakota into the Union, and 
every two years thereafter, there shall he elected a cleric of the court, 
sheriff, county auditor, register of deeds, treasurer, state's attorney, 
surveyor, coroner, and superintendent of schools, whose term of 
office respectively shall he two years and except the clerk of the court 
no person shall he eligible for more than four years in succession to 
any of the ahove named offices." — Constitution. 

' ' There shall he elected in each organi-jcd county a county judge 
ivJio shall he judge of the county court of said county, whose term of 
office shall he two years until otherwise provided hy law." — Con- 
stitution. 

Clerk of Courts. This officer acts as clerk of the county 
court and as clerk of the circuit court, recording what is 
done in these courts when they are in session. He ad- 
ministers oaths to witnesses, jurymen, and to others 
when necessary is connection with trials or legal actions. 
He assists in selecting jurymen. When the circuit court 
meets he presents to the judge a list of the cases to 
be tried. This is called the court calendar. He issues 
naturalization papers by means of which foreigners be- 
come citizens (see Chapter XVHI). He issues marriage 
licenses, and the clergyman or magistrate who performs 
the marriage ceremony must file with him a record of the 
marriage. 

He is the superintendent of vital statistics for the county and 
reports of all births and deaths must be made to him by physicians, 
parents or other relatives. These records he sends each month to the 
superintendent of census and vital statistics (the secretary of the 
state historical society) at Pierre. 



166 SOUTH DAKOTA, A REPUBLIC OF FRIENDS 

He lias a mimber of other duties, such as recording commissions of 
notaries puolic, approving their bonds, recording the names ot part- 
ners in a firm (not a corporation) when the name of the firm does 
not show who the partners are. 

Sheriff. The general powers of this officer are given in 
the political code of laws as follows : 

''The sheriff shall keep and preserve the peace within his county, 
for which he is empowered to call to his aid such persons or the 
power of the county as he may deem necessary. He must also pursue 
and apprehend all felons; and must execute all writs, warrants and 
other process from the circuit court, or from a justice of the peace, 
which shall be directed to him by legal authority. He shall attend 
at the circuit court and the sessions of the board of county commis- 
sioners when requested by the latter to attend." 

''He shall serve and post up all notices he may receive from the 
county auditor or the board of county commissioners, give notice 
of special and general elecitions, and shall keep his office at the county 
seat. ' ' 

Among the "'writs, warrants, and other process" of a 
court may be named warrants of arrest and execution for 
debts or financial claims (see Glossary). 

A warrant of arrest is an order in writing in the name of the 
state, signed by a magistrate, commanding the arrest of the defendant, 
and may be substantially in the following form: 

County of 

The State of South Dakota. To any sheriff, marshal or policeman in 
this state (or in the county of as the case may be) : 

Information on oath having been this day laid before me that the 
crime of (designating it) has been committed and accusing C. D. thereof. 

You are therefore commanded forthwith to arrest the above named 
C. D. and bring him before me at (naming the place), or, in case of my 
absence or inability to act, before the nearest or most accessible magis- 
trate in this county. 

Dated at this day of , 19. . 

E. F., Justice of the Peace (or as the case may be). 
— Code of Criminal Procedure. 

The sheriff has charge of the county jail. 

County Auditor. As we have already noticed, the 
county auditor acts as clerk of the county commissioners. 
If you have money due you from the county you go to 
the auditor, who draws a warrant on the county treasurer 
for the sum. Thus all claims against the county pass 
through his hands and he keeps accurate records of them. 
Monthly settlements between the auditor and the treas- 
urer are made to keep their accounts correct. 



THE COUNTY 167 

He makes out lists of the taxes due from each taxpayer 
for the county treasurer, making a report of them to the 
state auditor. He also sends a report of the assessor's 
roll to the state auditor. He assists in loaning money 
of the permanent state school fund and in the leasing of 
school lands. He is a member of the county library 
board and the board of education for adopting school 
books. 

He sends out all notices of elections and assists in 
canvassing the returns. Candidates for county and legis- 
lative offices file with him their nominating petitions 
and he makes out ballots to be printed and sent to the 
judges of election in each voting precinct (division for 
purposes of voting). He also provides sample ballots 
and instructions to voters. 

Register of Deeds. As the name suggests, this officer 
records deeds to land within his county. When land is 
sold a warranty deed is given. Should two deeds be 
given by the owner, through mistake or otherwise, the 
one having his deed recorded first would be considered 
the true owner. Therefore the law provides that "when 
an instrument is filed with him for record he shall indorse 
thereon the date and hour and minute of the day of such 
filing." 

In some states if the owner of land is married both husband and 
wife must sign the deed or one of them may have a certain claim on 
the land when the other dies. The right which a wife may have in 
lands of her husband is called dower, and the right which a husband 
may have in lands of his wife is called curtesy. Both dower and 
curtesy rights have been abolished in South Dakota. If the land sold 
Is the^ home both husband and wife must sign the deed, whichever 
owns it, or the deed is void. It is customary, however, to have both 
sign all deeds to land lest *it might be claimed afterwards that it 
was the home that was sold. 

In case of a lawsuit in which the title, or ownership, of real prop- 
erty (see Glossary) is in dispute a notice to that effect is filed with 
the register of deeds. This is a warning to any purchaser of the 
land. Similarly, if the owner has done some building and has not 
paid for the lumber or labor a lien or claim may also be filed §o that 



168 SOUTH DAKOTA, A REPUBLIC OF FRIENDS 

no one will purchase the property ignorant of the claim against it. 
For similar reasons mortgages, which are conditional deeds, bills of 
sale, and other instruments are recorded with the register of deeds. 

County Treasurer. This officer is the principal tax 
collector within the state. Taxes levied by the state, 
county, township, town, city, and school district are paid 
to the county treasurer, who sends the proper amounts 
to the treasurers of the state, township, etc. The assess- 
ments of property to be taxed and the rate of tax in each 
city are reported to the county auditor. He then calcu- 
lates the city tax due from each property holder in the 
city and reports the amount to the county treasurer. 
The county treasurer collects ^is tax and sends it to the 
city treasurer. State taxes, township taxes, town taxes, 
and school district taxes are similarly calculated and 
paid. The county treasurer takes charge of the money 
belonging to the county, depositing it in banks when the 
county commissioners direct him to do so. 

A tax of $68.82 was paid in 1911 on a city lot in Aberdeen, the 

assessed value of which was $1,100. The total rate to be paid was 59.2 
mills or 5.92 per cent. The tax, 

then, was $65.12. To this was State tax 4.0 mills 

added a special sewer tax of $3.70, County tax 

making a total tax on that lot of General 1.5 " 

$68.82. One-half of . this had to be Road and bridge 1.0 " 

paid before March 1st, the other be- Insane 5 " 

fore the first of November. The Bond Interest 1 " 

county treasurer sent $4.40 of this Poor Farm 4 " 

to the state treasurer (.004X Special Sal. Fund 5 " 

$1,100); $25.85 to the school dis- School tax 23.5 " 

trict (.0235X$1,100) ; $34.17 to City tax 27.7 " 

the city treasurer (.0277X$1,100+ 

$3.70); and retained the balance, Total 59.2 " 

$4.40, for the county. 

State's Attorney. This is a very important officer for 
enforcing the law. Every criminal case before a court 
in the state is prosecuted by the state. The crime is said to 
be committed against the state. The thief who steals from 
you not only violates your rights but endangers those of 
everyone else. The state therefore provides for a lawyer 
in each organized county to attend to the prosecution of 
crimes. When a crime is committed the person injured 



THE COUNTY 169 

does not need to employ a lawyer to have the accused 
person tried; it is the business of the state's attorney to 
do this if complaint is properly made. 

The state's attorney is also the legal adviser of the 
county officers and a member of the county board of 
education, which adopts text books. He must be licensed 
to practice law in the state. 

County Surveyor. His duty is to make surveys, to lay 
off roads, and locate boundary lines. He is paid according 
to the amount of work done. 

County Coroner. The principal duty of this officer is 
to "hold an inquest upon the dead bodies of such persons 
as are supposed to have died by unlawful means." He 
then summons a jury of three persons and examines wit- 
nesses. The verdict of the jury is a statement of what is 
believed to be the cause of the death. 

This officer in early times in England was the highest one in the 
county, receiving his appointment from the king (coroner is from the 
Latin corona, crown). Next below him was the sheriff (shire reeve). 
As a survival of this relationship the coroner is the only officer in the 
county who may serve legal papers on the sheriff and if the sheriff is 
put in jail the coroner becomes the jail keeper. In case of a vacancy 
in the office of sheriff the coroner takes his place until the county com- 
missioners fill the vacancy. 

County Superintendent of Schools. This important 
officer has general supervision of the schools of the 
county. To be qualified to hold this office the superin- 
tendent must be the holder of a teacher's certificate of 
the first grade or higher, which has been valid in the 
state for at least one year before he assumes the office. 
He visits schools, conducts meetings of teachers and 
school officers, provides for teachers' institutes, has 
charge of the examination of teachers (receiving ques- 
tions from the state superinendent and forwarding an- 
swers to him), and has power to revoke a teacher's cer- 
tificate if there is sufficient reason. He may grant to a 
teacher a special certificate which is valid only until the 



170 SOUTH DAKOTA, A REPUBLIC OF FRIENDS 

next teachers' examination. He conducts reading circles 
among the teachers. He has important duties in check- 
ing over all accounts of the school treasurers to see that 
they are correct. The clerk also sends in reports to him, 
and he is the adviser of school boards and teachers. 
Many matters are referred to him for decision. He makes 
a plat of the county showing the boundary, location, and 
name of each district. He sends a complete report to the 
state superintendent of the finances, school population, 
and teaching in each district. 

He apportions to the school districts the money due 
them from the interest on the permanent school fund. 
From this money an amount equal to ten cents for each 
child of school age in the district is set aside for the 
purchase of books for the library of the district. The 
county superintendent is chairman of the board, which 
selects these books from lists approved by the state 
superintendent. He is also chairman of the board which 
in 1912 and every five years thereafter adopts text books 
for the county. 

His salary is from $200 to $1,500 a year and is less than most 
salaried officers of the county. Every other county officer who travels 
about the county in the necessary discharge of his duties receives 
mileage. Everyone admits that the educational interests of the county 
are the most important ones; why, then, should not this officer be paid 
mileage exactly the same as other county officers? In one of the large 
and rich counties of the state, after the county superintendent had 
paid his necessary traveling expenses he found his salary was less 
than that of the janitor of the court house. This superintendent was 
a normal school graduate and his education had cost him a great deal 
of money, a very high standard of morality and ability were required 
of him, and for the splendid services of utmost importance to the 
children of the county there was paid no more than for the man who 
scrubbed out his office. It is very important that the court hoase be 
kept heated and cleaned, but it is vastly more important that the 
educational work of thousands of children be well looked after. 

The county superintendent of schools cannot serve more than four 
years in succession. This is admitted by all to be ci disgrace to the 
state. The constitution of the state should be amended so that a 
superintendent might be retained as long as he gave good service. 



THE COUNTY 171 

County Judge. This officer, like the state's attorney, 
must be "learned in the law." His duties may be con- 
veniently grouped under three headings, for he may 
hold three kinds of court: (1) probate, (2) juvenile, and 
(3) civil and criminal. 

Probate Court. The principal duties of the county 
judge are to look after the property of deceased persons 
and see that their wills, if they have made wills, are 
carried out, or to see that the property is divided properly 
among the heirs. He appoints guardians for orphans 
who are minors and for insane persons. See adminis- 
trator, executor, etc., in Glossary. 

Juvenile Court. "Whenever any child sixteen (i6) 
years of age or under, is arrested with or without war- 
rant, such child shall, instead of being taken before a 
justice of the peace or police magistrate, be taken directly 
before the county court." Unless the offense charged be 
felony,* this court has pOAver to send a delinquent* child 
of eighteen or under to the state training school, or may 
have the child and his parents or guardian report his 
conduct from time to time to see whether the child is 
reforming. 

Criminal and Civil Court. In counties having- a popu- 
lation of 20,000 or more, the county court may try civil 
cases where the amount in dispute is not over $1,000, and 
criminal cases of misdemeanors (see Glossary). 

In case of a vacancy in this office the governor appoints 
someone. 

QUESTIONS. 

FUNCTION OF COUNTY OFFICEES. Show that county officers 
are in reality state officers within the county. The name of which 
county office indicates this? 

EELATION OF COUNTY TO STATE. Show that the relation of 
the county to the state is not the same as the relation of the state 
to the nation. Under what conditions would the relation be similar? 



"See Glossary. 



172 SOUTH DAKOTA, A REPUBLIC OF FRIENDS 

COUNTY ENFOBCES STATE LAW. Show that the county is, in 
the main, a division of the state for the enforcement of stite laws. 

TO OEGANIZE A NEW COUNTY. AVhat are unorganized coun- 
ties? How many voters must there be for the organizatioii of a 
county? What area? Explain how a county may be organized. 

COUNTY COMMISSIONERS. The number? Ofacers? What 
property is under their care? Explain about building and repairing 
bridges. How is county money paid out ? Give their duties concerning 
banks, taxes, vacancies, assessing property, canvassing elections. 

CLEEE OF THE COURTS. Of what courts is he clerk? What 
are his duties? What papers does he issue? What records does he 
keep? 

SHERIFF. What are his duties? What is a warrant of arrest? 

COUNTY AUDITOR. What are his duties in connection with 
the county commissioners? With the county money? Tax lists? 
Elections? 

REGISTER OF DEEDS. What is a warranty deed (see Glossary) ? 
Why and how recorded? Explain under what circumstances both 
husband and wife must sign a deed. What is curtesy? Dower? 
What besides deeds are recorded with this officer? 

COUNTY TREASURER: What taxes does he collect? Study the 
explanation of the calculation of the taxes in the example given. 
Get a tax receipt and see if you can explain how the amount of the 
tax was calculated. 

STATE'S ATTORNEY. Who prosecutes criminal cases? Against 
whom is a crime said to be committed? What are the principal duties 
of this officer? What qualification must he have? 

COUNTY SURVEYOR. His duties? 

COUNTY CORONER. His duties? What is a ''Coroner's jury''? 
What was the relation of coroner and sheriff in former times in 
England? In South Dakota today? 

COUNTY SUPERINTENDENT OF SCHOOLS. What are the 
educational qualifications of county superintendent of schools? What 
are his duties? What can you say concerning his salary? His term 
of office? 

COUNTY JUDGE. What special qualification must he possess? 
What are the functions of the probate court? The juvenile court? 
The criminal and civil court? How is a vacancy in this office filled? 
How in other county offices (see p. — ) ? 



CHAPTER XII 
THE TOWNSHIP 

An Old Institution. The township is one of the oldest 
of our governmental divisions. It has been in existence 
since the days v^hen our savage ancestors lived around 
the Baltic sea. In New England it is still the principal 
subdivision of the state, for in some states there is no 
county superintendent of schools, county register of 
deeds, etc., their duties being performed by township 
officers. With us, however, the township officers have 
few powers ; the county is our. principal subdivision of 
the state for governmental purposes. 

Congressional and Civil Townships. Shortly after the 
Revolutionary war, Congress decided to have the terri- 
tory north and west of the Ohio river surveyed* and 
sold to settlers. Tracts six miles square were surveyed 
and divided into sections. These tracts were called 
townships. No people occupied them except Indians and 
occasional white traders or trappers. Now, the local 
org"anization of the people into a government in New 
England was also called a township. To distinguish them, 
the area six miles square, comprising sections one to 
thirty-six, is called a congressional tozvnship, and the 
organization of the people into a local government is 



♦See Chapter XI, ''The United States Government Land Survey," in 
the author's Mathematical Geography, published by the American Book 
Company, Chicago. 

173 



lu 



SOUTH DAKOTA, A REPUBLIC OF FRIENDS 



called a civil township. A congressional township is sim- 
ply so much surveyed land, and does not have officers 
any more than an acre or a square mile. A civil tov^n- 
ship is the people who have organized a public cor- 
poration (see Glossary) for carrying on government. 
Wherever the v^ord township is used we always mean a 
civil township unless we are locating land according to 
the government survey. The word town is often used 



1 


*rd 




=1 


— 


\ 

it 


1 


ncJojdP 




1 N 


i-3_ HorL C 


-&■ 


— s 

N 


n 

U-'ti' 




a 

uth 


:5 


C 


-N- 


r 


outh 


Q 
O 




rwpzs 
R 2 e 


__ 


q 


uth 


i 






aj 








L 



Fig. 56. Congressional townships are 
numbered in tiers nortli and soutli of a 
base line and in ranges east and west of 
a principal meridian. This figure shows 
from what principal meridians South Da- 
kota has been surveyed. 



6 


s 


4 


3 


2 


t 


7 


a 


9 


10 


II 


12 


la 


17 


16 


IS 


14. 


13 


19 


20 


21 


22 


23 


" 


30 


29 


28 


27 


26 


2S 


31 


32 


33 


34 


35 


« 



Fig. 57. The numbering 
of sections in a congress- 
ional township. Sections 
16 and 36 in every con- 
gressional township were 
given to the state by the 
United States for the ben- 
efit of the public schools. 



instead of the word township, but never in this book 
excepting in a few quotations from the law. 

Organization of a Township. The people of not less 
than one congressional township nor more than four 
may have a civil township organized if a majority of the 
voters petition the county commissioners, who provide 
for the election of officers. There must be at least twenty- 
five voters in the township to be organized. 



THE TOWNSHIP 175 

Annual Town Meeting. It was a very ancient custom 
among our ancestors of Europe for the people of a com- 
munity to meet and agree upon the method of regulating 
their local affairs. This is done in many countries today. 
In Switzerland the people of the canton thus meet for 
passing laws, and even in Russia, whose government is 
so stern and autocratic, the people of the mir, or local 
community, meet and decide upon many affairs of a local 
nature. It is interesting to note that in Russia each 
household has one vote, cast by the head of the family, — 
the widow or the eldest son, if the father is dead. 

'■ ' The citizens of the several towns of this state, qualified to vote at 
general elections, shall annually assemble and hold town meetings on 
the first Tuesday in March." — Pol. Code. 

This meeting is called to order between nine and ten 
o'clock in the morning by the towai clerk, or, if he is not 
present, by any voter. The presiding officer is elected 
by the voters present and is called the moderator. He is 
addressed as "Mr. Moderator." The voters at this meet- 
ing may decide what regulation shall prevail concerning 
animals running at large ; appoint pound masters ; vote 
money to repair the roads, build bridges, care for the 
poor, put up sign-boards, etc. They then proceed to elect 
township officers. 

Board of Supervisors. There are three members of this 
board, elected for three years ; one is elected each year. 
The supervisor who is serving the last year of his term 
is the chairman of the board. 

The duties of the board are very similar to those of tJie 
county commissioners, — looking after the property of the 
township, acting as a board of equalization and assess- 
ment for the township, etc. The board must approve the 
bonds of the other township officers, though the bonds, 
for safe keeping, are hied with the county clerk of the 
courts. It levies a poll tax (poll means "head") on every 



176 SOUTH DAKOTA, A REPUBLIC OF FRIENDS 

man between the ages of 21 and 50, unless he is a pauper 
or under a guardian. Firemen and militiamen are also 
exempt from the poll tax. A road tax is levied against 
all taxable property in the township. 

When studying the duties of the county commissioners we noticed 
the provision for county bridges. The repairing of the bridges within 
a township is provided for as follows: 

- ''After any bridge has been built by the county under the pro- 
visions of this article said bridge shall be under the supervision of 
the township board and all repairs not exceeding twenty dollars shall 
be paid by the township or townships in which said bridge is located, 
and for all repairs exceeding twenty dollars and less than one hundred 
dollars, the first twenty dollars shall be paid by the township or town- 
ships and the balance divided equally between county and township 
or townships; and all repairs exceeding one hundred dollars shall be 
paid by the county, but before being allowed by the county, the county 
commissioner of that district in which said repairs shall be made, shall 
together with the township board or boards consult with each other 
and agree- upon the necessary repairs to be done. ' ' — Pol. Code. 

' ' The town supervisors shall constitute a board of health and within 
their respective towns shall have and exercise all the powers necessary 
for the preservation of the public health." — Pol. Code. 

''The board of health may examine into all nuisances, sources of 
filth and causes of sickness and make such regulations respecting the 
same as they m.ay judge necessary for the public health and safety of 
the inhabitants; and every person who shall violate any order or regu- 
lation made by any board of health and duly published shall be 
deemed guilty of a misdemeanor and punished by a fine not exceeding 
one hundred dollars, or by imprisonment in the county jail not exceed- 
ing three months; ' ' — Pol. Code. 

Township Clerk. His duties are much like those of the 
county auditor. He is clerk of the board of supervisors, 
draws warrants on the township treasurer, posts notices 
of elections, and sends to the county auditor a report of 
the tax to be levied for township purposes. 

Township Treasurer. This officer has charge of money 
belonging to the township, receiving it from the county 
treasurer, who collects it with the state, county, and 
school district taxes. 

Township Assessor. The assessor makes out a com- 
plete list of all property which is subject to taxation. 



THE TOWNSHIP 177 

He goes to each person in the township, so far as pos- 
sible, in order to make out this list. When a person tells 
just what property he possesses he is considered to be 
under oath (see ''perjury" in Glossary). 

Justices of the Peace. Two are elected in each town- 
ship for two years, one being elected each year. A 
justice of the peace has power to try crimes committed 
within the county if the punishment is not greater than 
imprisonment in the county jail for thirty days, or a 
fine of one hundred dollars, or both such imprisonment 
and fine. If the crime is a greater one, the justice has 
power as a ''committing magistrate," that is, he may 
order that the accused person be imprisoned until the 
higher court meets to try the offense. For most offenses 
the accused may give bonds as a guarantee of his appear- 
ance at court. Lawsuits may be tried in a justice court 
when the sum in dispute does not exceed one hundred 
dollars. (See Chapter XV.) 

Constables. These are the peace officers of the town- 
ship. Two are elected for two years, one each year. 
They also serve legal papers just as the county sheriff 
does. 

Vacancies. Section 1045 of the political code provides : 

''When any town fails to elect the proper number of town officers, 
or whenever any person elected to a town office fails to qualify, or 
whenever any vacancy happens in any town office from death, resig- 
nation, removal from town or other cause, the justices of the peace 
of the town, together with the board of supervisors, or a majority 
of them, shall fill the vacancy by appointment by warrant under their 
hand, and the persons so appointed shall hold their offices until the 
next annual town meeting and until others are elected and qualified 
in their places, and shall have the same power and be subject to the 
same duties and penalties as if they had been duly elected." The 
provisions of this section also apply to the filling of a vacancy in the 
board of supervisors or justices of the peace. By '' qualifying " for 
an office is meant taking an oath to support the constitution of the 
United States, the constitution of the state, and to faithfully perform 
the duties of the office. Usually a bond must also be given for the 
faithful accounting of all public money. 



178 SOUTH DAKOTA, A REPUBLIC OF FRIENDS 

Good Roads Law 

Old Plan. Before 1907 each township was divided into 
several road districts and a road overseer was elected for 
each one. The road tax was "worked out" by farmers. 
Under this plan each county had from seventy-five to 
tw^o hundred different road overseers, few of whom had 
much expert knowledge of road-making or suitable tools 
with which to work. It was rare to find an honest day's 
work done, for the custom was to "take it easy" when 
working out one's road tax. The method was very 
wasteful and ineffective. With such a system, it is no 
wonder that "America has poorer roads than any other 
civilized country on earth." A few crews of good road- 
makers with modern graders and other tools can accom- 
plish far more work in building and repairing the roads of 
a county, do better work, and do it cheaper than under 
the old plan. In the more progressive portions of the 
United States the old plan is being done away with, and 
the result is that they are getting much better roads at no 
greater cost. 

New Plan. The legislature of 1907 made some changes 
in the law, doing away with road overseers and placing 
the work in the hands of the township board of super- 
visors. In 1911 the legislature provided that road taxes 
levied against property and a road poll tax of two dollars 
from every man between the ages of 21 and 50 (with a 
few exceptions) shall be paid and not worked out by the 
taxpayer. There is a township road tax and also a 
county road tax. Any road repairs in one place or con- 
tinuous stretch of road which costs less than five hundred 
dollars shall be done by contract under the supervision 
of the township board of supervisors. If the cost is over 
five hundred dollars the work is done by contract under 
the supervision of the county commissioners. In coun- 



THE TOWNSHIP 179 

ties having a considerable area which is mountainous an 
engineer may be emplo3''ed by the county. 

New Plan Optional. In many places there are objec- 
tions to the adoption of the new plan, so the legislature 
provided that the people of a township may vote to con- 
tinue working out their road tax at the rate of twenty 
cents an hour for a man, or forty cents an hour for a 
man and team. The county, too, may reject the "good 
roads law" by a majority vote. 

QUESTIONS. 

AN OLD INSTITUTION. How long have townships been in exist- 
ence? What is said as to its importance in New England? 

CONGEESSIONAL AND CIVIL TOWNSHIPS. Tell what you 
can of the government survey. How many sections in a township? 
How are they numbered? From how many principal meridians are 
different portions of South Dakota surveyed? What is a civil town- 
ship? 

ORGANIZATION OF A TOWNSHIP. What area must be 
included? How many voters? How is a civil township organized? 

ANNUAL TOWN MEETING. What was the ancient custom in 
northern Europe? What in Switzerland and Eussia now? When is 
the town meeting held? How called to order? What is the presiding 
officer called? What is done? 

BOAED OF SUPEBVISOES. Number? Term? Duties of the 
board? 

TOWNSHIP CLEEE, His duties? 

TOWNSHIP TEEASUEEE. His duties? 

TOWNSHIP ASSES SOE. His duties? 

JUSTICES OF THE PEACE. Number? Term? What crimes 
may be tried before a justice of the peace? What civil cases? 

CONSTABLES. Number? Term? Duties? 

VACANCIES. Explain how vacancies in township offices are filled. 

GOOD EOADS LAW. 

OLD PLAN. Describe the old plan for repairing the roads. Why 
was it not successful? 

NEW PLAN. Who has charge of repairing the roads in a town- 
ship? What two kinds of road taxes are there? Who must pay 
the road poll tax? 

NEW PLAN OPTIONAL. How may the new plan be rejected in 
aay township or county? 



CHAPTER XIII 
THE TOWN 

Township, Town, Village. As we have seen, a civil 
township comprises the people occupying one or more 
congressional townships. A village is a collection of 
houses and inhabitants in a small area. The people of a 
village may desire to organize as a separate government 
from the township because they may wish fire and police 
protection, street lights, waterworks, sewerage, side- 
walks, etc. The people of the entire township naturally 
do not want to be taxed to furnish these things to the 
village. Steps may then be taken to organize as a town 
with a government separate from the township. Such 
an organized town is said to be incorporated. We usually 
speak of a county or township as being "organized," but 
of a town or city as being "incorporated." In the way 
the words are usually used in South Dakota law, a village 
is simply a thickly settled portion of a township (or, if 
the township is not organized, of a county). A town is 
an incorporated village. 

Incorporation of a Town. Before 1905 the law did not 
provide what the population must be in order to incor- 
porate. The census of that year showed fifteen incorpo- 
rated towns having a population of less than one hun- 
dred, one of them having only five people, counting men, 
women, and children. The law of that year provided 
that no new town should be incorporated until a careful 
census had been taken of the population, which must 
equal a certain number. In 1909 the legislature provided 

180 



THE TOWN 181 

that there must be at least one hundred people in order to 
incorporate, thirty of whom must be voters. 

A survey is made of the area to be included, and a 
map is drawn showing its boundaries. A census is taken 
of the population, and the names of the heads of families 
and number of persons in each family are listed. A 
petition signed by at least one-third of the voters in the 
area is presented, with the map and census list, to the 
county commissioners. The name desired for the town 
is given in the petition, and it must be different from 
that of any incorporated town in the state. 

The county commissioners then call an election in the 
town to vote whether the town shall be incorporated or 
not. Three inspectors are elected at nine o'clock in the 
morning of the appointed day, and they conduct the 
election. If the vote is favorable the county commis- 
sioners declare the town to be incorporated and settle 
and adjust all claims and accounts between the town- 
ship and the town. 

The inspectors divide the town into not less than three 
nor more than seven districts, and call an election to 
elect the officers for the town. The regular elections are 
held on the third Tuesday of April (law of 1909). 

Town Trustees, One trustee is elected from each dis- 
trict mentioned in the preceding paragraph. The board 
of trustees elects from its members a president and has 
many powers similar to a township board of supervisors, 
acting as a board of health and board of equalization and 
assessment, caring for town property, etc. A few addi- 
tional powers are given to the board of trustees, such as 
providing for a fire department, for sidewalks, etc The 
board of trustees appoints a marshal (corresponding to 
township constable) and a road overseer 

Other Elective Officers. There are elected each year a 
clerk, assessor, treasurer, and justice of the peace. If 



182 SOUTH DAKOTA, A REPUBLIC OF FRIENDS 

desired, a town may have two justices of the peace. 
The duties of these officers are very similar to the duties 
of corresponding officers of the township. Thus the town 
clerk is clerk of the board of trustees, posts notices of 
election, and draws warrants for the payment of money 
by the town treasurer, 

QUESTIONS. 

TOWNSHIP, TOWN, VILLAGE. What is a village? Why do the 
people in a village usually desire a government separate from that of 
the township? What is- a town? 

INCOEPOBATION OF A TOWN. How large a population is 
necessary to incorporate a town? How many voters? Explain the 
four steps necessary to incorporate — survey, census, petition, election. 
. TOWN TEUSTEES. How many? Duties and powers? The presi- 
dent of the board of trustees is often called the mayor, though this 
is the corresponding officer of a city. What are the duties of the town 
marshal? Of the road overseer? 

OTEEE ELECTIVE OFFICEES. Name the other town officers. 
Write in parallel columns the officers of the county, tcwnship, and 
town. 




Fig. 58. Business District of Sioux Falls. 




Fig. 59. A View in Lead. 




Fig. 72. A View of the Town of Claremont. See Preceding Chapter. 




Fig. 73. Second Avenue Scene, Sioux Falls. 



CHAPTER XIV 
THE CITY 

Incorporation of a City. Any incorporated town hav- 
i-ng two hundred fifty or more people may be incorpo- 
rated as a city. Upon receiving a petition signed by 
one-eighth of the legal A^oters of the town, the trustees 
call an election to ascertain whether the people desire to 
incorporate as a city. If the vote is favorable, another 
election is held and city officers are elected. 

Special Charters. Before South Dakota became a state 
the territorial legislature granted special charters to 
cities, providing by special laws hov,^ each city should be 
governed. The state constitution, adopted in 1889, pro- 
hibits the legislature from doing anything of this kind 
(see Article III, Section 23). The state legislature in 1890 
provided by general law for the government of all cities 
that might afterwards be incorporated, and also pro- 
vided that any cit}" then having a special charter might 
incorporate again under the general law if the voters of 
the city v.^anted to do so. Nearly all of our cities have 
discarded their charters and incorporated under the 
general laws. 

Two Kinds of Cities. There are tw^o kinds of city 
government in South Dakota, (a) ward cities and (b) 
cities under commission, (a) In the former the city is 
divided into districts called w^ards, the voters of each 
ward electing two aldermen as its representatives in 
the city council, (b) In cities under commission the city 
as a whole elects either three or fiA^e men, regardless of 

185 



186 SOUTH DAKOTA, A REPUBLIC OF FRIENDS 

the portion of the city in which they live, and these 
commissioners have charge of the government of the city. 
Three Classes of Cities. All cities of the state are 
divided into three classes : 

1. Cities of the first class, population 10,000 or more. 

2. Cities of the second class, population 10,000 to 2,000. 

3. Cities of the third class, population less than 2,000. 
The law provides that to determine the population in 

order to classify a city the number of votes for candidates 
for governor at the last election shall be multiplied by 
five. 

Ward Cities 

City Council. Cities of the third class are divided into 
three wards ; of the second class, four ; or the first class, 
six, until the population is 15,000, and an additional ward 
after that for every 10,000 inhabitants. From each ward 
two aldermen are elected for two years, one each year. 
These aldermen constitute the city council, together vv^th 
the mayor, who is the presiding officer, though he has no 
vote excepting in case of a tie. 

The city council is a legislature for the city, being 
given many lawmaking powers. The laws it adopts for 
the city are called city ordinances. Some of its powers 
are as follows : To control the property of the city ; to 
provide for the payment of the debts and expenses ; 
to borrow money and issue bonds (within certain limits) ; 
"to lay out, establish, open, alter, widen, extend, grade, 
pave, or otherwise improve streets, alleys, avenues, side- 
walks, wharves, parks, and public grounds, and vacate the 
same" ; to provide for lighting and cleaning the streets ; 
to name or change the name of any street; tC^ establish 
regulations for the construction of buildings, tho piping 
for gas and water, and the wiring for electricity ; to pro- 
vide for waterworks and sewerage; to license peddlers, 



THE CITY 187 

pawn brokers, draymen, hackmen, plumbers, electricians, 
shows, theaters, etc. ; to regulate the inspection and sale 
of bread, milk, meat, butter, and vegetables ; to provide 
for fire protection ; to appoint a board of health and make 
health regulations ; to regulate street railways ; and to 
provide for cemeteries, parks, and public libraries. 

From a reading of the list of powers of the city council 
(and there are many other matters which they must 
regulate) it is readily seen that the management of a 
city is the most complex government we have. It is also 
the most expensive. As the city gets larger, the difficul- 
ties and problems increase. 

City Ordinances are passed by the city council in very 
much the same way as laws are passed by the state legis- 
lature, — introduced, three readings, signing by the mayor 
(he may veto). The ordinances must be published in the 
official newspaper (the one selected by the council for 
such publications). 

The Initiative and Referendum apply to city ordi- 
nances. An ordinance may be prepared by anyone, and 
upon being petitioned by five per cent of the voters this 
proposed ordinance must be submitted to a vote of the 
people of the city. If the city council should pass an 
ordinance that met with objection, upon receiving a peti- 
tion signed by five per cent of the voters the council 
must submit the ordinance to a vote of the people, unless 
it is one "for the immediate preservation of the public 
peace, or the public health, or expenditure of money in 
the ordinary course of the administration of affairs." 

The Mayor. The chief executive officer of a city is 
called a mayor. He is elected for two years. As we have 
already noticed, he presides at meetings of the city coun- 
cil. As a peace officer he is given power within the city 
limits equal to that of a sheriff. He may pardon persons 
imprisoned in the city jail for violating city ordinances. 



188 SOUTH DAKOTA, A REPUBLIC OF FRIENDS 

He appoints many of the officers, subject to the approval 
of the city counciL 

Jt is the mayor's duty to see that law is enforced in 
the city. Since he appoints policemen and other officers, 
and may remove them, he has great influence in the 
management of city affairs and in the control of evils 
and vice which are too often found where people are 
crowded together as they are in cities. While much 
depends upon having a good mayor, he can do little 
unless he is supported by law-abiding people. A whole- 
some sentiment on the part of the citizens and a good 
mayor and other officers are both necessary for good city 
government. 

City Treasurer. The treasurer has duties similar to 
those of the treasurer of the town, township, and county. 
The county treasurer collects the general taxes for the 
city and some of the special taxes, but the city treasurer 
collects such special taxes as water rents, license fees, etc. 

City Courts. A police justice and a city justice of the 
peace are elected for two years. These officers have the 
same powers as justices of the peace of the township. 
It is customary, however, for policemen to take persons 
whom they have arrested before the police justice. 

Any city having a population of 5,000 or more may 
establish, by vote, a ''municipal court" having power to 
try most kinds of civil cases where no more than five 
hundred dollars is in dispute, and criminal cases of 
misdemeanors. The city auditor is the clerk of this 
court, and the judge must be a licensed attorney. 

Appointive Officers. The law of 1907 (Chapter 87) 
provides : 

' ' There shall be appointed by the mayor, with the approval of the 
city council, a city anditor, city attorney, city engineer, city assessor 
and such other officers as may by the city council be deemed necessary 
and expedient. ' ' 



THE CITY 180 

The city auditor is clerk of the city council, draws 
warrants on the city treasurer, keeps the records, plats, 
and books of the city, issues licenses which are author- 
ized by the council, etc. The city attorney is the legal 
adviser of city officers, inspects bonds issued by the city, 
and defends the city and looks after its interests in all 
legal actions. The city engineer makes surveys, locates 
sewers, lays off sidewalk grades, curbing, etc. The city 
assessor performs duties exactly like those of township 
and town assessors. 

Other officers usually appointed are a building in- 
spector to examine and approve all plans for buildings 
and their construction, to see that chimneys, foundations, 
walls and partitions are safe ; a zciring inspector to see 
that all electric wiring is done according to law ; a street 
commissioner to see to the grading, caring for, and 
cleaning of the streets and alleys ; a zvater commissioner 
to look after the laying of water pipes, sewers, etc. ; a 
health inspector to see that garbage and offensive matter 
be not left in streets and alleys, post quarantine cards, 
disinfect houses, etc. The police department is placed 
in charge of a chief of police acting under instructions 
from the mayor. The -fire department is also in charge 
of a chief, with other officers and employes. 

Cities Under Commission 

A New Plan. Within recent years a new form of city 
government has been adopted by hundreds of cities that 
were not satisfied with the way their affairs were man- 
aged. Galveston, Texas, Los Angeles, California, and 
Des Moines, Iowa, have been the pioneers in trymg 
various new features of this plan. In 1907 the legislature 
of South Dakota passed an excellent law which includes 
the best features of the various plans that have been 
most successful. 



190 SOUTH DAKOTA, A REPUBLIC OF FRIENDS 

The Commission Theory. The theory upon which this 
plan is based is that the management of the affairs of a 
city is a business proposition to be placed in the hands 
of a small board having large powers just as any other 
corporation is managed. This board is elected by the 
entire city and held responsible by the entire city instead 
of being made up of representatives of wards of the city. 
Under the ward system a person who is unfit for the 
office may be elected alderman from a ward and he will 
act for the entire city, vote to expend the city's money, 
an* the city as a whole may not think he is fit to serve, 
but as long as he can get elected from that ward he will 
remain in the council. In the city of Chicago a man who 
was noted for his bad character owned almost every 
saloon and tenement house in his ward and controlled 
the voters there so that he was elected over and over 
again, although the city as a whole did not favor his 
election. Then, too, an alderman elected from a ward 
will seek to have his ward improved at the expense of 
the city. According to the commission theory, a city is 
too com.pact a group to be divided off into geographical 
districts, each of which is to have its representatives on 
the governing board. Five of the best men should be 
chosen to rule the city regardless of the parts of the city 
in which they live. 

Term of OfBce. According to the commission theory, 
officers should be elected for a term that is long enough 
to enable them not simply to learn the duties but to 
become competent to discharge them well. Each com- 
missioner is elected for five years. One is elected each 
year. 

The Recall. An unv/ise choice might be made and an 
incompetent commissioner might be elected. A provision 
is made whereby the people may put a commissioner out 
of office and elect another if they choose. A petition 



THE CITY 191 

signed by fifteen per cent of the voters may demand an 
election to decide whether a commissioner shall be 
retained in office or another elected in his place. 

A Board of Specialists. One of the principal advan- 
tages of the commission plan is that the work is appor- 
tioned among the commissioners according to the special 
knowledge and ability of each. Where there are five 
commissioners they are designated as follows : 

a. Police and Fire Commissioner. This officer has 
under his special charge the enforcement of all police 
regulations of the city and general supervision over the 
fire department. 

b. Commissioner of Streets and Public Property. He 
has charge of the supervision of streets and alleys, public 
grounds, and the lighting and cleaning of them. 

c. Waterzvorks and Sezverage Commissioner. This com- 
missioner has charge of the construction, maintenance and 
operation of the waterworks and sewer system and sees 
to the enforcement of all regulations concerning them. 

d. Commissioner of Finance and Revenue. He has 
charge of the laws for the assessment and collections of 
taxes of all kinds and manages the finances of the city. 

e. Mayor. One commissioner has general duties as 
mayor. He presides at meetings of the board and votes 
with the other commissioners, but has no veto power. 
Each commissioner has the power of a sheriff as a peace 
officer. 

Responsibility Fixed. Under the ward system it is 
very difficult to fix responsibility for defects. Under the 
commission system it is usually easy to know who is at 
fault if the streets are not properly cleaned or other 
defects appear. Excepting at the first election or when 
vacancies are to be filled, only one commissioner is 
elected at a time. Suppose it is waterworks and sewerage 
commissioner ; the voters of the city then may choose the 



192 SOUTH DAKOTA, A REPUBLIC OF FRIENDS 

person who is most capable of managing this important 
department of the city. 

The board as a whole has the same powers as a city 
council under the ward system. As under the ward 
system, cities under commission are divided into three 
classes on basis of population. Salaries are classified 
according to the class to which the city belongs. 

Qualifications of Commissioners. A commissioner 
must be a voter, twenty-six years old, an owner of real 
estate, and a resident of the city at least two years. 

Other Officers. All of the usual officers and employes, 
such as city engineer, attorney, etc., are chosen and 
removed by the board. 

Cities May Adopt. Any city incorporated under the 
ward system may adopt the commission plan. A petition 
signed by fifteen per cent of the voters may demand that 
an election be held to decide whether the plan shall be 
adopted. 

The following South Dakota cities were among the 
first to adopt the commission plan: Aberdeen, Canton, 
Dell Rapids, Huron, PierrC; Rapid City, Sioux Falls, Ver? 
million, and Yankton. The population of all of the cities, 
towns, and villages of the state is given in. the Appendix. 

QUESTIONS. 

INCOBPOBATION OF A CITY. How may a town incorporate as 
a city? 

SPECIAL CEAETEBS. By whom granted? Can the legislature 
now grant such charters to cities? 

TWO KINDS OF CITIES. Explain the two kinds of cities. 

TEBEE CLASSES OF CITIES. What cities are of the first class? 
Second? Third? Name some cities in each class. 

WABD CITIES. 

CITY COUNCIL. What are aldermen? How many? Who is the 
presiding officer of the city council? What are city ordinances? 
What are the powers of the city council? 

CITY OBDINANCES. How passed? 



THE CITY 193 

INITIATIVE AND BEFEBENDUM. Explain hew these apply to 
city ordinances, 

THE MAYOB. Term? Power as a peace officer? Pardoning 
power? Appointive power? What support must the mayor have to 
enforce laws against vice and crimes? 

CITY TBEASUBEB. Who collects nearly all city taxes? What 
taxes are collected by the city treasurer? 

CITY COUBTS. What three courts are provided for South Dakota 
cities ? 

APPOINTIVE OFFICEBS. Make a list of these officers and their 
duties. 

CITIES UNDEB COMMISSION. 

A NEW PLAN. What cities were among the first to adopt the 
new plan? 

THE COMMISSION THEOBY. What is said as to the size of the 
board and its election? Under the ward system, how may an unfit 
person remain in the city council, even if the people of the city do 
not want him? 

TEBM OF OFFICE. Why is a long term given the commissioners? 

THE BECALL. How may a commissioner who is not satisfactory 
be put out of office? 

A BO ABB OF SPECIALISTS. Where there are five commissioners 
(the usual plan), what is the work of each? 

BESPONSIBILITIES FIXED. What is the advantage of the com- 
mission plan for holding officers responsible for their acts? What is 
the advantage of electing one commissioner at a time? Compare the 
powers of a board of commissioners with those of a city council. 

QUALIFICATIONS OF COMMISSIONEBS. Name them. 

OTHEB OFFICEBS. Name them. 

CITIES MAY ADOPT. How may cities adopt this plan? 



CHAPTER XV 
THE JUDICIAL DEPARTMENT 

Interpreting and Applying Law. We have studied 
how laws are passed and how they are enforced by the 
state, county, township, town, and city. In the enforce- 
ment of law there must be some method of deciding 
how the law applies in a given instance, or whether a 
person who is accused of violating the law is guilty or 
not. Courts are established to interpret the law and 
apply it in cases that arise. The United States main- 
tains a system of courts to try cases which involve 
the federal constitution and laws (see Chapter VIII), 
and the state maintains courts to try cases which involve 
state laws. 

The courts provided for by law in South Dakota are 
(a) the state supreme court, (b) circuit courts, (c) county 
courts, (d) municipal courts, and (e) courts of justices 
of the peace. All but the first two have been discussed 
(see Index for references). 

State Supreme Court 

Supreme Judges. The supreme court is the highest 
court in the state. It consists of five judges and holds 
all of its sessions at Pierre. Until 1909 there were only 
three judges. The judges are chosen from districts by a 
vote of the entire state, and their term is six years. 
While they necessarily live at Pierre,, their legal resi- 
dence is in the districts from which they were originally 
chosen. They must be licensed to practice law in the 

194 



THE JUDICIAL DEPARTMENT 195 

State, thirty years old, citizens of the United States, 
residents of the state two years, and residents of the 
districts from which they are chosen. Vacancies are 
filled by appointment by the governor. At least three 
of the judges hear each case, and at least three must 
unite in a decision. They adopt their own rules and 
elect one of their members presiding judge. The pre- 
siding judge corresponds to chief justice (see Index), 
as he is called in the supreme court of the United States 
and of many states. 

Officers. The judges appoint a clerk to record all deci- 
sions and proceedings ; a reporter, who must be a law- 
yer, to publish the opinions and authorities filed by law- 
yers in cases before the court and the decisions of the 
court. These decisions are bound and preserved as ''South 
Dakota Reports," and are quoted and referred to as 
authorities all over the United States ; a marshal, to serve 
papers and perform such duties as the sheriff or constable 
does in lower courts ; a librarian has charge of the law 
library ; and stenographers write out testimony, deci- 
sions, etc. 

Jurisdiction. By the jurisdiction of a court is meant 
the power of the court to try cases. There are two prin- 
cipal kinds of jurisdiction, original and appellate. By 
original jurisdiction of a court is meant its power to try 
cases beginning or originating there. Appellate juris- 
diction is the power of a court to try cases that have 
been appealed to it from lower courts. 

Original Jurisdiction. Very few cases ever originate 
in the supreme court. Nearly all of its work is in hearing 
cases that have been tried in a lower court, to determine 
whether the trial was legally conducted. Certain cases 
may begin in this court, usually those involving what 
are called remedial writs, such as injunctions, writs of 
mandamus, habeas corpus, certiorari (see "Writs" in 



196 SOUTH DAKOTA, A REPUBLIC OF FRIENDS 

Glossary for definitions of these terms). The circuit 
court, however, usually issues these writs and tries the 
cases involved. In case the state auditor refuses to allow 
a claim against the state, action may be commenced in 
the supreme court. 

Appellate Jurisdiction. Appeals may usually be taken 
to the supreme court from decisions of lower courts on 
the following grounds: (a) that the judge did not rule 
correctly as to what evidence should be admitted; (b) 
that the judge gave incorrect instructions to the jury, or 
(c) that the evidence was not sufficient to support the 
verdict. There are other grounds for appeal not so easily 
explained here. The supreme court may (a) affirm the 
judgment of the lower court, (b) reverse it, (c)' order a 
new trial of the case, or (d) in certain cases may order a 
judgment to be entered in the court below. 

No Jury. As a general rule judges of a court interpret 
the law and decide what it means in a given case, and 
juries decide what the facts are if they are in dispute. 
The supreme court is a court of law, not of fact, so it 
never has a jury. If a case coming before it involves a 
dispute as to what the facts are, the case, or that portion 
of it, is sent to a circuit court, where a jury is called, 
testimony taken, and the facts decided. There is no 
appeal possible from a decision of this court unless the 
case involves the laws or constitution of the United States 
or is a case between citizens of different states, in which 
case the matter may be transferred to a federal court. 
The famous Dred Scott decision (see any United States 
history) was one of this kind. 

Constitutionality of a Law. Any law, city ordinance, 
decision of an officer, or legal proceeding of any kind 
must not violate the constitution of the state. The 
supreme court of the state is the only one that can finally 



THE JUDICIAL DEPARTMENT 



197 



decide whether a given law, ordinance, etc., conforms to 
the state constitution. "*" 

To License Attorneys. To practice law in any court of the state, 
excepting that of a justice of the peace, one must have a license. 
These licenses are granted by the supreme court of the state after an 
examination of the applicants. Graduates of the college of law at 
the state university are granted licenses without examination. (To 
practice law in any federal court, one must have a license issued by 
a United States district court.) 

State Circuit Courts 

Circuit Judges. The state is divided into twelve dis- 
tricts or "circuits, "t in each of which a judge is elected 






mi 



tv 







Fig. 62. State Judicial Circuits. South Dakota is divided into twelve 
judicial circuits. This diagram shows the Indian reservations as bounded 
in 1911. S. R.— Standing Rock. C. R.— Chepenne River. C. C— Cherry 
in 1911. L. B. — Lower Brule. P. R. — Pine Ridge. R. — Rosebud. 

for four years. He must be "learned in the law" (that is, 
licensed by the supreme court), twenty-five years of age, 



* The supreme court of the United States finally decides whether a law 
passed by congress, by the state legislature or any other law making 
body, or any legal decision or proceeding, violates the constitution of the 
United States. 

t Called circuits (Lat. circum, around+fre_, to go) from the fact that 
the circuit judges go around from county to county trying cases. See 
Index. 



198 SOUTH DAKOTA, A REPUBLIC OF FRIENDS 

a citizen of the United States, a resident of the state one 
year, and a resident of the circuit where elected. 

Officers. Each organized county elects a clerk of the 
courts (county and circuit courts) and a sheriff, who act 
as officers of the circuit court when it is held in the 
county (twice a year in each county). Stenographers 
are appointed by the judge to take down testimony and 
other transactions. Any attorney connected with a case 
that is being tried is also an officer of the court. In case 
a person accused of crime cannot afford to employ a 
lawyer to defend him, the judge appoints one and the 
county pays for his services. 

jHrisdiction. The circuit court has original jurisdic- 
tion in almost any kind of case that may arise. The 
principal exceptions are as follows : 

a. Probate Cases (see Index). These are tried in the 
county court. Many of them may be appealed to the 
circuit court. 

b. City and Town Ordinances. Violations of city and 
town ordinances must be tried before city or town jus- 
tices or municipal judges. 

c. Federal Cases. Actions involving the Constitution, 
treaties, or laws of the United States, or those between 
states or between citizens of different states are tried in 
a United States court (see Chapters VIII and XXT). 
Crimes committed on Indian reservations are also tried 
in a federal court, and the state courts have no jurisdic- 
tion over them. 

Other State Courts. County, municipal, and justice 
courts have limited jurisdiction in criminal and civil 
cases, and have the power of committing magistrates 
in case of felony. Most cases tried in these lower courts 
may be appealed to the state circuit court (see pp. 288 
and 289). 



THE JUDICIAL DEPARTMENT 199 

Steps in a Trial 

Criminal and Civil Actions. A criminal action is one 
prosecuted by the state against a person charged with a 
public offense or crime. The state is represented by the 
State's attorney for the county where the offense was 
committed. A civil action is one brought by a person, 
firm, or corporation against another person, firm, or cor- 
poration. A civil action is usually called a lawsuit. 

Complaint, Summons, Ansv^rer.* In a civil action the 
person bringing the action (called the plaintiff) makes a 
complaint before a judge (or justice of the peace). He or 
his attorney signs and swears to this. The attorney for 
the plaintiff then issues a summons to the person against 
whom the action is brought (called the defendant). In 
this summons the defendant is notified that he must 
make answer to the complaint at a certain time. 

The summons is served by a sheriff or other peace officei, but 
may be served by any voter in the county who has no interest in the 
case. If, in the answer of the defendant, a counterclaim is made, the 
plaintiff may make a reply to the answer. These papers include 
every point in dispute and are called the pleadings. If either plain- 
tiff or defendant fails to appear at the appointed time, he loses his 
case and must pay the costs of the action besides. 

COMPLAINT, WAEEANT, PLEA. In a criminal action the state 
of South Dakota is the plaintiff and the person making the complaint 
before a justice of the peace is called the complaining witness. After 
the complaint has been made a warrant of arrest is issued, as described 
in Chapter XI (see ''sheriff" in the Index). The accused person 
(defendant) is taken by the sheriff, or other peace officer, before the 
justice and required to enter a plea of guilty or not guilty of the 



♦Instead of an answer the defendant sometimes files a demurrer, claim- 
ing that the court has not jurisdiction, that there are not sufficient 
grounds to support an action, or that there is some other good and legal 
reason why the case cannot be tried. 

The defendant and plaintiff are called "parties" to an action. This 
use of the word "party" for person, and its use in such legal forms as 
contracts and other legal papers, is correct and has the sanction of good 
usage. Outside of legal documents, however, Webster's International Dic- 
tionary condemns the use of the word "party" when one means "person" 
(see the word "party" in the dictionary). This is equally true of the 
improper use of such terms as "said," "same," etc. It is well to remem- 
ber that lawyers and others who frequently use such expressions in legal 
documents are very liable to use them improperly elsewhere. Thus 
"The parti/ losing her umbrella may find same at my office," should be, 
"The person losing her umbrella may find it at my office." 



200 SOUTH DAKOTA, A REPUBLIC OF FRIENDS 

accusation. Usually a trial cannot be held until witnesses have been 
summoned and other preparations made. In most cases the accused 
may furnish bail or security for his appearance at the time of the 
preliminary examination, otherwise he must stay in jail. In a civil 
action, it is very rare that the defendant is arrested and held in 
custody. 

SUBPCENA, VENIBE. The summons issued to compel the attend- 
ance of a witness is called a subpoena (Lat. suh. under + pcena 
punishment). The summons requiring the attendance of jurors is 
called a venire (Lat. venire, to go). 

The Opening. After the jury has been selected and 

sworn, the case is opened by the counsel for the plaintiff 
(in a criminal case, the state's attorney). He presents 
the complaint and outlines to the jury what he intends to 
prove. 

Evidence. The witnesses for the plaintiff are then 
examined. The counsel for the plaintiff questions his 
witness until the facts are brought out, and then the 
counsel for the defendant questions, or ''cross-examines," 
the witness. After the witnesses for the plaintiff have 
all testified, the counsel for the defendant opens the case 
for the defense, explaining to the jury what he intends to 
prove. The witnesses for the defense then testify, the 
counsel for the defense first questioning them, and then 
the counsel for the plaintiff cross-examining them. After 
the evidence for the defense has been given, the plaintiff 
may introduce evidence to contradict anything offered in 
the defense. This is called the rebuttal. 

Each witness first takes the following oath, adminis- 
tered by the clerk or by the judge : 

''You do solemnly swear that the evidence you shall give relative 
to the cause now under consideration shall be the truth, the whole 
truth, and nothing but the truth. So help you God. ' ' 

To violate an oath is perjury, a penitentiary offense. 

People usually dislike to give evidence in court against 
a person. It should be remembered, however, that in a 
trial a witness does not act in a private capacity, but is 



THE JUDICIAL DEPARTMENT 201 

exactly like a public official and represents the public 
welfare and not his own individual desire. This is equally 
true of pupils giving testimony in school. There is a 
marked difference between petty ''tattling" and the giving 
of evidence when questioned by the teacher. 

Arguments. The counsel for the plaintiff then ad- 
dresses the jury, presenting his argument. The counsel 
for the defendant follows with his argument, and then 
the counsel for the plaintiff closes the argument. This 
is the usual order of the arguments. The argument is 
often improperly called the "plea" or "pleading." 

Charge to Jury. The judge then reads his instructions 
to the jury as to the law in the case. This is called his 
charge to the jury. A justice of the peace, not necessarily 
being learned in the laAv, never gives such instructions. 

Verdict. The jury then retire to a room by them- 
selves, consider the evidence, and bring in a decision. 
If they cannot agree they may be discharged, and a 
new trial must be held. The verdict .(Lat. vera, true -\- 
dicere, to say) in a criminal case is "guilty" or "not 
guilty." In some cases the jury also determine the 
degree of crime and punishment. In a civil case the 
verdict is usually, "We find for the plaintiff* in the sum 

of $ and the costs and disbursements of this 

action, or "We find for the defendant," in which case the 
plaintiff must pay the costs of the trial. 

The Jury 

Grand Jury. It is the duty of the grand jury to 
investigate causes of crime and accuse any who should 
be tried. In the United States courts the grand jury 
always meets for this purpose, but in South Dakota a 
grand jury is not called unless the circuit judge con- 
siders it necessary or desirable. In the United States 



202 SOUTH DAKOTA, A REPUBLIC OF FRIENDS 

courts the grand jury consists of from fifteen to twenty- 
three men; in South Dakota, of from six to eight men. 

The grand jury sits in secret; the state's attorney is 
its legal adviser; and it usually examines only the wit- 
nesses against a suspected person. The grand jury does 
not decide whether a man is guilty, but simply whether 
there is enough evidence against a person to accuse him 
and have him arrested and tried. The accusation may 
take one of tv/o forms. (a) An indictment (in-dite'- 
ment) is an accusation drawn up by the state's attorney 
and approved by the grand jury, (b) A presentment is 
an accusation made by the grand jury independent of 
the state's attorney. 

Petit Jury. The duty of the petit jury is to hear 
evidence in trials and decide cases. The petit jury con- 
sists of twelve men. In criminal cases all must agree in 
a verdict, but in nearly all civil cases involving no more 
than one hundred dollars, three-fourths of the jury may 
decide the case. In justice courts the jury usually 
consists of six men. 

How Summoned. Two hundred names of competent 
persons are chosen from assessors' lists of the various 
townships, towns, and cities of the county. The clerk of 
the courts, county auditor, county treasurer and sheriff 
select by lot from the list of two hundred the number of 
jurors ordered by the judge of the circuit court. Venires 
are then issued by the clerk of the courts to the sheriff 
commanding him to summon the persons thus chosen. 
The following cannot be compelled to serve as jurors: 
clergymen, physicians, postmasters, mail carriers, tire- 
men, or those who have served five years as firemen (the 
latter must be twenty-five 3^ears old, and they are also 
exempt from poll tax), certain county officers, and all 
persons over sixty years of age. 

The common method of selectmg jurors in a justice 



THE JUDICIAL DEPARTMENT 203 

court is for the justice of the peace to make out a list of 
twelve suitable persons ; the plaintiff is then permitted 
to strike out three names, the defendant three, and the 
remaining six are summoned. 

How Impaneled. The Code of Criminal Procedure 
(Sections 304 and 306) describes the method as follows: 

"At the opening of the court the clerk must prepare separate bal- 
lots, containing the names of the persons returned as jurors, which 
must be folded as nearly alike as possible, and so that the same 
cannot be seen, and must deposit them in a sufficient box." 

''Before the name of any juror is drawn, the box must be closed 
and shaken, so as to intermingle the ballots therein. The clerk must 
then, without looking at the ballots, draw them from the box. ' ' 

When a name is drawn, the juror steps forward and is 
examined as to his qualifications to act as a juror in the 
case before the court. He may be objected to on certain 
grounds. The drawing is continued until twelve have 
been accepted. In case the list of those summoned is 
exhausted before twelve jurors have been accepted, addi- 
tional jurors, called talesmen, are summoned. 

MAXIMS OF JURISPRUDENCE. 

When the reason of a rule ceases, so should the rule itself. 

Where the reason is the same, the rule should be the same. 

One must not change his purpose to the injury of another. 

Any one may waive the advantage of a "law intended solely for his 
benefit, but a law established for a public reason cannot be contravened 
by a private agreement. 

One must so use his own rights as not to infringe upon the rights of 
another. 

He who consents to an act is not wronged by it. 

Acquiescence in error takes away the right of objecting to it. 

No one can take advantage of his own wrong. 

He who has fraudulently dispossessed himself of a thing may be treated 
as if he still had possession. 

He who can and does not forbid that which is done on his behalf is 
deemed to have bidden it. 

No one should suffer by the act of another. 

He who takes the benefit must bear the burden. 

One who grants a thing is presumed to grant also whatever is essential 
to its use. 

For every wi'ong there is a remedy. 

Between those who are equally in the right, or equally in the wrong, 
the law does not interpose. 

Between rights otljerwise equal, the earliest is preferred. 

No man is responsible for that which no man can control. 

The law helps the vigilant before those who sleep on their rights. 

The law respects form less than substance. 

Tliat which ought to have been done is to be regarded as done in favor 
of him to whom, and against him from whom, performance is due. 



204 SOUTH DAKOTA, A REPUBLIC OF FRIENDS 

That which does not appear to exist is to be regarded as if it did not 
exist. 

The law never requires impossibilities. 

The law neither does nor requires idle acts. 

The law disregards trifles. 

Particular expressions qualify those which are general. 

Contemporaneous exposition is in general the best. 

The greater contains the less. 

Superfluity does not vitiate. 

That is certain which can be made certain. 

Time does not confirm a void act. 

The incident follows the principal, not the principal the incident. 

An interpretation which gives effect is preferred to one which makes 
void. 

Interpretation must be reasonable. 

Where one of two innocent persons must suffer by the act of a third, 
he by whose negligence it happened must be the sufferer. 

—Civil Code. 

QUESTIONS. 

INTEBPBETING AND APPLYING LAW. Why are courts estab- 
lished? Name the five kinds of courts in South Dakota. 

STATE SUPREME COVET. 

SUPREME JUDGES. Number? Where does the supreme court 
hold all of its sessions? Their qualifications? How chosen? Term 
of office? How are vacancies filled? How many judges hear each 
case? How many must unite in a decision? How is the presiding 
judge chosen? 

OFFICEES. Name the officers of the court and their duties. 

JURISDICTION. What is meant by the jurisdiction of a court? 
What are the two principal kinds? Define each? 

ORIGINAL JURISDICTION. What are some of the eases which 
may originate in the supreme court? 

APPELLATE JURISDICTION. On what grounds are eases 
usually appealed to the supreme court? What may the supreme court 
decide? 

NO JURY. What does the judge decide in trials? The jury? 
Why does the supreme court never have a jury? When may eases be 
appealed from the state supreme court? Give a ease of this kind. 

CONSTITUTIONALITY OF A LAW. Who finally decides whether 
a legal proceeding violates the constitution of the state? Of the 
United States? 

LICENSE ATTORNEYS. Who may practice law? How is a 
license obtained? 

STATE CIRCUIT COURTS. 

CIRCUIT JUDGES. Into how many circuits is the state divided? 
How many judges in each? Term? His qualifications? 

JURISDICTION. Name three kinds of cases which may not orig- 
inate in the circuit court. Other cases, from murder to a petty 
lawsuitj may originate in this court. 

OTHER STATE COURTS. Name the other courts of the state. 



THE JUDICIAL DEPARTMENT 205 

STEPS IN A TBIAL. 

CRIMINAL AND CIVIL ACTIONS. What is a criminal action? 
See the term ''action" in the Glossary. 

COMPLAINT, SUMMONS, ANSWER. Define plaintiff. De- 
fendant. See these terms in the Glossary. What is a civil com- 
plaint? Who issues a summons? Who serves the summons? What 
are these three papers called? What is a reply? A demurrer? 

COMPLAINT, WARRANT, PLEA. Who is the plaintiff in a 
criminal action? Describe a warrant of arrest. What is bail? See 
"bail" in the Glossary. 

SUBPCENA, VENIRE. What are these? See Glossary. 

TEE OPENING. How is the case opened? 

EVIDENCE. Which witnesses are examined first? When does the 
counsel for the defense open his side of the case? What oath does 
a witness take? If a witness does not like to use the word "swear" 
he may say ' ' affirm, ' ' though the effect is exactly the same. What 
is perjury? Distinguish between giving evidence and "tattling." 

ARGUMENTS. What is the usual oTder of the arguments by the 
lawyers ? 

CHARGE TO JURY. What is this? Why does not a justice of 
the peace give such instructions to the jury? 

VERDICT. What is the original (Latin) meaning of this word? 
What is the verdict in a criminal case? In a civil case? 

TEE JURY. 

GRAND JURY. What is the duty of the grand jury? What 
courts call this jury? When is it summoned in South Dakota circuit 
courts? How many jurors? Tell what this jury does. What is an 
indictment? A presentment? 

PETIT JURY. The duty of this jury? Number of jurors? How 
many must agree in a verdict. 

now SUMMONED. Explain how jurors are chosen. Wlio are 
exempt from jury duty? What is the method of selecting jurors in 
a justic'i court? 

EOW IMPANELED. Explain the method. What are talesmen? 
MAXIMS OF JURISPRUDENCE. 

These are principles which guide when the law makes no definite 
provision. Kead them carefully. Eepeat ten of them. 



CHAPTER XVI 
THE PUBLIC SCHOOL SYSTEM 

The stability of a republican form of government depending on, 
the morality and intelligence of the people, it shall be the duty of 
the legislature to establish and maintain a general and uniform 
system of public schools, wherein tuition shall be without charge, and 
equally open to all, and to adopt all suitable means to secure to the 
people the advantages and opportunities of education. — Art. Fill, 
Constitution. 

Education in a Republic. In kingdoms a prince is edu- 
cated with great care because some day he may become 
king and will then have many responsibilities. In a 
republic like ours, where enlightened public opinion rules, 
all of the boys and girls are princes and princesses who 
are certain some day to be the rulers of the greatest coun- 
try on earth. It is supremely important, then, that they 
be educated and trained for their duties and responsi- 
bilities. The. ballot is powerful, but intelligent public 
sentiment is far more powerful, because votes are the ex- 
pression of public convictions. It is important, then, that 
all young people be educated even though many of them 
never vote or hold office. 

Public Education. Education is a public necessity, 
for all children have need of training for citizenship. It 
is right, then, that the public should compel parents to 
educate their children and should provide schools at public 
expense. Churches or private organizations may assist 
in this important work if they wish, but they should 
never be given public money to carry on the work. As a 
rule, children should be educated by the people and for 

206 



THE PUBLIC SCHOOL SYSTEM 207 

the people, rather than by a special interest, for that spe- 
cial interest, however important it may seem. 

"No appropriation of lands, money or other property or credits to 
aid any sectarian school shall ever be made by the state, or any county 
or municipality within the state, nor shall the state or any county or 
municipality within the state accept any grant, conveyance, gift or 
bequest of lands, money or other property to be used for sectarian 
purposes, and no sectarian instruction shall be allowed in any school 
or institution aided or supported by the state. ' ' — Art. VIII, Constitu- 
tion. 

Compulsory Education. The session laws of 1909 pro- 
vide for compulsory education as follows : 

''Every person having under his control a child between the ages 
of eight and fourteen, both inclusive, shall annually cause such child 
to regularly attend some public or private day school for the entire 
term during which the public school in the district in which he resides 
is in session. Provided, that the district board may decrease the 
required term of attendance to not less than sixteen weeks, twelve 
weeks of which must be consecutive. ' ' 

Truant officers are appointed by the boards in cities 
and towns having independent school districts, and the 
county superintendent is the truant officer for other dis- 
tricts in his county. Any persons who employ children 
under the age of fifteen during hours when the public 
schools are in session may be punished. 

School Districts 

School Corporations. For the purpose of maintaining- 
public schools the people of the state are organized into 
school districts. Like the county, township, towri, and 
city, a school district is a corporation, and as such it may 
sue or be sued, make contracts, own property, and man- 
age its affairs through its officers. Some school districts 
are still governed by special charters granted by the ter- 
ritorial legislature before 1889. These may reorganize 
and be governed by the general laws of the state. 

Kinds of Districts. We have a great variety of school 
districts in this state, some districts comprising the 



208 SOUTH DAKOTA, A REPUBLIC OF FRIENDS 

people of a small area supporting only one school and 
some comprising the people of several townships sup- 
porting many schools. They are all governed by the 
same general laws and have boards with the same powers, 
the principal differences among them being the area and 
number of schools maintained in each. Provision is made 
for dividing the districts that are considered too large or 
consolidating them if that is desired. Experience seems 
to indicate decided advantages where the district is made 
larger rather than smaller. To distinguish these from 
the "independent" districts provided for towns and cities, 
we may call them common school districts. It should 
be borne in mind, however, that independent districts 
provide "common school" education and common school 
districts are in most particulars as "independent" as those 
in cities and towns. 

Common School Districts. As a general rule a com- 
mon school district comprises the same area as a civil 
township. The school board consists of a chairman, 
elected in 1907 and every three years thereafter; a clerk, 
elected in 1908 and every three years thereafter; and a 
treasurer, elected in 1909 and every three years thereafter. 
The election occurs on the third Tuesday of June, begin- 
ning at 2:00 o'clock P.M., closing in two hours in districts 
having but one school and in four hours in districts having 
more than one school. At 3 :00 o'clock the voters assemble 
and may decide when schools shall be in session, how 
much money shall be raised by taxation, provide for 
repairs to school buildings, the removal of them, the 
erection of new ones, etc. Special school meetings may 
be called by a petition of five voters. 

The school board carries out the decisions of school 
meetings and makes all provisions not agreed upon then. 
It provides transportation for children when necessary, 
employs teachers, plants trees and shrubs on the school 



TtfE PUBLIC SCHOOL SYSTEM 209 

grounds, and, in general, has charge of the property and 
affairs of the district. The board holds regular meetings 
on the second Tuesda}^ in July and the last Tuesday in 
November and March. Special meetings may be held 
at any time. 

The duties of the members of the board are expressed 
in their titles. The chainnan presides at meetings of the 
board and school meetings, and signs warrants for the 
payment of money. The clerk keeps records of the trans- 
actions of the board and of school meetings, draws war- 
rants on the treasurer for the payment of money, posts 
election notices, takes a census of the children of school 
age (over six and under twenty-one) in the district, and 
sends reports of the census and other matters concern- 
ing the school district to the county superintendent. He 
reports the tax levy to the county auditor. The treasurer 
cares for the money of the school district. School dis- 
trict taxes are paid to the county treasurer and he sends 
the money thus collected to the school district treasurer. 
Tuitions paid by pupils who do not live in the district are 
paid to the district treasurer. Vacancies on the board are 
filled by appointments made by the county superintendent 
until the next election. 

Township High School. Provision is made for the or- 
ganization of township districts for the purpose of main- 
taining a high school. Several townships may unit-e for 
this purpose. The other school districts in the township 
or townships continue to manage their common schools 
as before. 

Independent Districts. Most cities and towns of the 
state are organized as independent districts, though in 
some cases they are simply a part of a common school 
district as just described. The independent school dis- 
trict usually has the same boundaries as the city or town, 
though it may include outside territory. The pupil 



!310 SOUTH DAKOTA, A REPUBLIC OF FRIENDS 

should think of the people of a city or town as organized 
for educational purposes as a school corporation, with 
officers and property; and the same people as organized 
for governmental purposes as a civic corporation, with 
officers and property. Each corporation is entirely sepa- 
rate from the other, — indeed, a member of the city coun- 
cil cannot be a member of the school board. 

How Organized. Any city or town having a popula- 
tion of one hundred^or more within a radius of one mile 
from the center, whether incorporated or not, may or- 
ganize an independent district. A majority of the voters 
petition the county superintendent and he provides for 
the necessary elections to decide the matter and to elect 
officers. 

Board of Education. The board having charge of the 
property and affairs of an independent district is called 
the board of education and consists of five members, 
each elected from any portion of the district for two 
years. (In cities under commission each is elected for 
five years, one each year, at the regular municipal elec- 
tion.) School elections are held on the third Tuesday in 
June, except in cities under commission, the polls being 
open from 8:00 A. M. until 5:00 P. M. A clerk is ap- 
pointed by the board and the people elect a treasurer for 
three years, neither being a member of the board. The 
duties and powers of the board are very much like those 
of the school boards of common schools, having some- 
what greater power in taxation and issuance of bonds, 
building school houses, and providing for a high school. 

Teachers' Certificates 

' ' No person shall be allowed to teach in any of the public schools 
of this state nor draw wages as a public school teacher who is not a 
holder of a valid teachers ' certificate. ' ' 

''No person shall be entitled to a certificate of any grade who has 
not attained the age of eighteen years and who does not present 
evidence of good moral character." — Session Laws, 1907. 



HIGH SCHOOL BUILDINGS. 



7f\\\' 



[n:«i!M 



^I'l iiiicii- i^ni^K 




Sioux Falls. 



Watertown. 




Pierre. 



Redfield. 




Armour. 



Clear Lalce. 




SOME ARTISTIC STRUCTURES. 

Methodist Church, Aberdeen. 
Court House Square and Co. H Monument, Watertown. 
Elks' Club House, Watertown. 
Carnegie Library, Milbank. 



THE PUBLIC SCHOOL SYSTEM 213 

Professional Certificates. Two kinds of professional 
certificates are issued by the superintendent of public 
instruction — life diplomas and state certificates. Either 
one entitles the holder to teach in any common school 
or high school of the state. 

A life diploma may be obtained by a teacher who has 
had forty months of successful experience if (a) he is a 
graduate of the state university or an approved college 
and has taken a certain amount of professional work; 
(b) if he is a graduate of a state normal school, or nor- 
mal school of equal grade, and has taken at least six years 
of work beyond the eighth grade ; or (c) by passing ex- 
aminations. 

A state certificate, valid for five years, may be obtained 
by graduates of state normal schools, or'other schools of 
equal rank, providing the course completed extends six 
years beyond the eighth grade and contains a certain 
amount of professional work, and providing also that 
the applicant has had eighteen months' successful ex- 
perience in teaching. 

Provisional certificates, of equal rank with state cer- 
tificates and valid for two years, are issued to normal 
school graduates who have not had the required ex- 
perience in teaching. A state certificate may also be 
obtained by examination provided the applicant has had 
at least twenty-four months' successful experience. The 
longer experience is required for those who are not nor- 
mal school graduates because of their lack of profes- 
sional training, which includes practice teaching under 
trained critics. A state certificate may be renewed. 

Elementary School Certificates. Four kinds of cer- 
tificates are issued by the superintendent of public in- 
struction, which entitle the holders to teach in the first 
eight grades of the public schools. First grade certificates 
are valid for three years in any county of the state. To 



214 SOUTH DAKOTA, A REPUBLIC OF FRIENDS 

obtain one of these certificates a person must pass a 
suitable examination or do four years' work beyond the 
eighth grade, two years of which must be in a state 
normal school or an approved school which has a normal 
department in which professional work and practice teach- 
ing are done. Successful experience covering a period of 
months is also required. The first grade certificate may 
be renewed without examination if the teacher is suc- 
cessful. A second grade certificate may be obtained by 
examination or by doing two years' normal school work 
beyond the eighth grade. It is valid for two years. Third 
grade certificates may be obtained only by examination 
and are valid for one year in a certain district designated 
by the county superintendent. Only two of these cer- 
tificates may be issued to the same person. A primary 
certificate may be issued to teachers in kindergartens 
and in first and second grades of city and town schools. 
It is valid for five years in the county where issued but 
may be made valid in other counties by the endorsement 
of the county superintendent. 

A regents' certificate is a state certificate equal to one 
of the first grade and is valid anywhere in the state for 
two years. It is issued by the state board of regents to 
students who have attended a state normal school at 
least twenty-two weeks and have accomplished a cer- 
tain amount of professional work. 

Special certificates of the first, second, or third grade 
may be issued by county superintendents to applicants 
who were unable to be present at the regular public ex- 
amination. Such certificates, like the other elementary 
school certificates, are valid only in grades below the 
high school and only until the next regular examination. 

Special Provisions. In independent districts in cities 
of the first class (having a population of 10,000 or more) 
the board of education appoints two persons who, with 



THE PUBLIC SCHOOL SYSTEM 215 

the city superintendent as chairman, constitute an ex- 
amining committee. This examining committee has 
power to issue certificates to teachers in that district. 

In independent districts special teachers of music, 
drawing, penmanship, bookkeeping, foreign languages 
or kindergarten methods are not required to hold cer- 
tificates. 

Fees for Certifiicates. Fees must be paid by applicants 
for certificates as follows : Life diplomas, ten dollars ; 
state certificates, five dollars (either one is free to resi- 
dent college or normal school graduates) ; other certifi- 
cates, one dollar. One-half of the fee is returned in case 
^he applicant fails in the examinations. 

REVOCATION OF CERTIFICATES. ''The county superintendent 
is hereby authorized and required to revoke at any time first, second, 
or third grade certificates and primary teachers' certificates for any 
cause which would have prevented the issue of the same, — for incom- 
petency, immorality, intemperance, violation of the state law, cruelty, 
general neglect of the business of the school, — and for refusal and 
neglect to attend regularly a county institute and at least one district 
institute each year, after due notice, provided that holders of first 
(grade) or higher certificates, in force, Avho have attended regularly 
at least four normal institutes may be excused by the county or state 
superintendent, in his discretion, from attendance at county institute 
for such current year." — Session Laws, 1907. 

For similar reasons the state superintendent may re- 
voke life diplomas or state certificates, and the city super- 
intendent of cities of the first class may revoke certifi- 
cates issued by the examining committee of which he is 
chairman. 

SCHOOL LAW ITEMS 

BIBLE BEADING. "No sectarian doctrine may be taught or 
inculcated in any of the schools of the corporation, but the Bible with- 
out sectarian comment, may be read therein.'* 

TREE PLANTING. ''It is hereby made the duty of the officers 
of every school district in the state of South Dakota to plant trees 
and shrubs upon the grounds of each school house in their district 
and to encourage the school children to plant such trees and shrubs 
and to cultivate and protect the same.*' 



216 SOUTH DAKOTA, A REPUBLIC OF FRIENDS 

CONSOLIDATION. ''Any school in the district may be discon- 
tinued by the district school board, for the purpose of combining two 
or more schools into one and to make arrangements for the transporta- 
tion of the pupils to said school or schools if, in the judgment of the 
board, it is to the best interests of the pupils and the district." 

SCHOOL FEEIODS. ' ' The school year shall begin July first and 
end June thirtieth. A school month shall consist of twenty days, a 
school week of five days, a school day of five hours, exclusive of inter- 
mission. Provided, that the time specified as a school day shall not 
apply to primary schools. Saturdays shall not be counted as school 



SCHOOL HOLIDAYS. ''The teacher shall not hold school upon 
any of the following legal holidays: The thirtieth day of May, the 
fourth of July, the day appointed by the President of the United 
States for national thanksgiving, and the twenty-fifth day of Decem- 
ber. But such days shall count as a part of the term and the teacher 
shall be paid therefor, but such pay shall not be drawn for any 
Sunday. ' ' 

COMMON SCHOOL SUBJECTS. "Instruction shall be given in 
the common schools of the state in the following branches, in the 
several grades in which each may be required, viz.: reading, writing, 
orthography, arithmetic, geography, primary language and English 
grammar, history of the United States, history of South Dakota, 
physiology and hygiene, Avith special instruction as to the nature of 
alcoholic drinks and narcotics and their effects upon the human sys- 
tem, civil government, and drawing." 

ETHICAL INSTEUCTION. "Moral instruction intended to im- 
press upon the mind of pupils the importance of truthfulness, temper- 
ance, purity, public spirit, patriotism and respect for honest labor, 
obediepice to parents and due deference for old age, shall be given 
by every teacher in the public service of the state." 

QUESTIONS. 

EDUCATION IN A EEPUBLIC. Show the need for general educa- 
tion in a republic. What is more powerful than the ballot? 

PUBLIC EDUCATION. Show that the public should compel 
parents to educate their children. What does the constitution of the 
state provide concerning the public money for sectarian schools? 

COMPULSOBY EDUCATION. What is the law in South Dakota? 

SCHOOL DISTBICTS. 

SCHOOL COBPOBATIONS. What are the general powers of school 
districts? 

KINDS OF DISTBICTS. What can you say as to the size of school 
districts in this state? What may be done if the district is con- 
sidered too large or too small? What are the two classes of districts? 

COMMON SCHOOL DISTBICTS. What is the usual area com- 
prised? How many members of the school board? Their titles? 
When is each elected? Describe the school meeting. What are the 



THE PUBLIC SCHOOL SYSTEM 217 

duties of the board? Of each member of the board? How are 
vacancies filled? 

TOWNSHIP HIGH SCHOOL. Explain how districts may consolidate 
for a high school. 

INDEPENDENT DISTRICT S. What are the usual boundaries? 
Show the relation of the school district to the city or town. 

HOW ORGANIZED. Explain how an independent district may be 
organized. 

BOARD OF EDUCATION. Number of members? Terms? When 
elected? How is the clerk selected? The treasurer? What is eaid of 
the powers of the board? 

TEACHERS' CERTIFICATES. 

How old must a teacher be? Why is a good moral character 
required of a teacher, but not of a member of the school board? 
Should not a good moral character be required of every public servant? 

PROFESSIONAL CERTIFICATES. How may a" life diploma be 
obtained? A state certificate? For how long valid? How are pro- 
visional certificates obtained? What is their rank? 

ELEMENTARY SCHOOL CERTIFICATES. Where may one teach 
if he has one of these certificates? Who issues them? Explain how 
each of the four kinds may be obtained, and for how long it is valid. 
Tell how a regents ' certificate may be obtained. What special certifi- 
cates may be issued? By whom? 

SPECIAL PROVISIONS. What special powers in granting certifi- 
cates have independent districts in cities of the first class? 

FEES FOR CERTIFICATES. What fees are charged for teachers' 
certificates? 

REVOCATION OF CERTIFICATES. For what causes may certifi- 
cates be revoked? By whom? 

SCHOOL LAW ITEMS. 

What are the provisions of the law concerning Bible reading? 

Tree planting? Consolidation? School years, months, and days? 

School holidays? Common school subjects? Tuition for eighth grade 
graduates ? 



"That the nation shall, under God, have a new hirth of 
freedom, and that government of the people, by the people, for 
the people, shall not perish from the earth." — Lincoln. 



CHAPTER XVII 
NOMINATIONS AND ELECTIONS 

Popular Elections. That those who are clothed with 
the power of carrying on the government may adminis- 
ter their duties for the benefit of the public rather than 
for their own interest, we elect them for a limited time. 
In some cases, as in cities under commission, the people 
may recall an officer who is not considered a competent 
or faithful public servant. 

Political Parties. Differences of opinion give rise to 
political parties. This is illustrated in the first division 
of the people into political parties after the adoption of 
our federal constitution. Washington was unanimously 
elected President. There were no national parties, the 
nearest approach to them being the division of sentiment 
as to whether the constitution should be adopted or not, 
and this difference of opinion rapidly disappeared. John 
Jay was then in charge of the department of foreign 
affairs and continued after Washington became Presi- 
dent. When congress provided for a secretary of foreign 
affairs (later called secretary of state) Washington asked 
Jay to accept the office. Jay refused the appointment, 
preferring a later one as chief justice of the supreme 
court, and Washington oft'ered it to Thomas Jefferson, 
then minister to France, and presumably the next best 
informed person on foreign affairs. Robert Morris, who 
had charge of the finance department before the consti- 
tution took the place of the articles of confederation, was 

218 



NOMINATIONS AND ELECTIONS 219 

offered the position of secretary of the treasury. He 
declined, but recommended a younger man, Alexander 
Hamilton. Washington had a very high opinion of 
this brainy young man and appointed him. Henry Knox 
was continued as secretary of war, and Edmund Ran- 
dolph was appointed to fill the new office of attorney 
general. Washington considered the chief justice of the 
supreme court, John Jay, and the Vice-President, John 
Adams, his official advisers as well as members of his 
cabinet. These men were not selected from opposite 
political parties, as was once taught, but new political 
parties soon arose because of differences of opinion which 
developed among these men as to the policy and plan of 
carrying on the government. It soon appeared that Jef- 
ferson and Hamilton were the real leaders in political 
action, Jefferson favoring a strict adherence to the con- 
stitution and being very democratic, and Hamilton being 
aristocratic and favoring a liberal or "loose" interpreta- 
tion of the constitution. 

Hamilton recommended that congress charter a United States bank, 
somewhat like the Bank of England, of which the government should 
be a stockholder and part manager. Jefferson opposed the plan 
because he could not find that any power to establish a bank was 
given to congress in the constitution. Hamilton argued that the con- 
stitution gave congress power * * to make all laws which shall be 
necessary and proper for carrying into execution the foregoing 
powers," among which was the power *'to lay and collect taxes," 
' ' to pay the debts, ' ' etc. The basis for two political parties, bound 
to arise among thinking men, grew out of the differences between 
these two leaders who, as Jefferson said, were ' ' pitted against each 
other every day in the cabinet like two fighting cocks. ' ' 

The construction or interpretation given to the constitution by 
Hamilton and his followers is called ' ' loose, " ' ' elastic, ' ' or 
** broad," and we say they were ''loose constructionists." They 
called themselves Federalists, the name which had previously been 
applied to those wlio favored the new constitution. Jefferson and his 
followers were said to be ''strict constructionists," and the followers 
which rapidly formed about them in opposition to the Federalists were 
called by themselves Eepublicans, by their opponents. Democrats. 

In 1793 France declared war on Great Britain. We had made a 
treaty alliance with France in 1778 by the terms of which both the 
United States and France agreed to protect forever each other's pes- 



220 SOUTH DAKOTA, A REPUBLIC OF FRIENDS 

sessions in America. France expected us to help her defend her West 
India islands. Washington asked his advisers whether the treaty was 
in force. Jefferson said "yes," and, strictly interpreting the treaty, 
he was doubtless right, though such an interpretation meant another 
war with Great Britain. Hamilton said *'no," our national existence 
depended upon our keeping out of European wars. Washington 
adopted Hamilton's view and issued his famous neutrality proclama- 
tion, which was of untold benefit to us. In those days our national 
politics took color from the great struggle then going on in Europe, 
the Federalists siding with England and the Republicans taking the 
side of the French. A visitor to the United States at that time 
remarked that he found ''many who favored France, many who 
favored England, but none who favored the United States." 

Group Action. Every person is greatly influenced by 
the opinions of the community and of leaders. What 
one thinks is proper to wear, to eat, to say, and to do, 
is not due so much to his independent judgment as to 
the influence of public opinion. There are certain senti- 
ments, beliefs, and standards of action which the group 
has, and these shape to a large extent the sentiments and 
convictions of each individual. As people become more 
civilized they think and act more in common. This is 
called the "solidarity of the race." We say we "belong" 
to a certain church, to this political party, or to that 
society or lodge. And we do "belong" to them — are 
governed by them in our thoughts and actions — more 
than we appreciate. Nearly all people who are not mem- 
bers of any church really belong to the great Christian 
world of men and women, are following the same ideals, 
cherish the same hopes, and contribute to the same 
worthy causes. Now this is just as true of political 
parties as it is of churches. Our political beliefs and 
utterances, our votes and legal actions, are due to the 
great body of beliefs, of attitudes, and of desires as to 
government which society as a whole has developed. 
"/ am half of what I am because others are what they 
arer 

Need for Political Parties. Political parties are needed 
in developing ideals of government, standards of public 



NOMINATIONS AND ELECTIONS 221 

action and public welfare, just as churches are needed for 
developing religious ideals and standards of conduct and 
morality. Each is a social instrument for carrying on 
a great work. The church is much more pure, and its 
defects are much fewer, but the very fact that politics 
is so often corrupt, insincere, and base, is the best reason 
in the world why all true citizens should co-operate 
more actively so that justice and civic righteousness may 
rule. As long as political parties are corruptly man- 
aged, so long will our government be dishonest, and in- 
fluences for evil will flourish. It is just as important, 
perhaps even more important, that people take an earnest 
and intelligent interest in nominating candidates as in 
electing officials ; in forming wholesome public senti- 
ment on temperance and honesty, as in seeing to it that 
the liquor laws are enforced and that robbery is pun- 
ished. A law which is not supported by public senti- 
ment will be a- "dead letter," but a public sentiment will 
often enforce action when there is no support of law, or 
it will soon secure legal support. 

The Independent Voter. While party support and co- 
operation is necessary to get good government, the voter 
should not be a slave to his party. Most persons belong 
to the parties of their fathers and many have not the 
courage or intelligence to think and vote independently. 
They always vote the ''straight party ticket," they are 
blind followers of political ''bosses." Party support and 
party loyalty is a good thing, but the public good should 
always be first, — a political party is only a means to good 
government. 

Nomination of Candidates 

Caucus and Convention Method. Before 1907 candi- 
dates for ofUce in South Dakota were nominated as fol- 
lows : A caucus, or gathering of the voters of a political 



332 SOUTH DAKOTA, A REPUBLIC OF FRIENDS 

party in a township, town, or city ward, was held. This 
was also called the primary (Lat. primus, first). Here 
in open meeting delegates were selected to a county con- 
vention. The county convention selected delegates to 
a state convention, and this convention selected candi- 
dates for state offices, for congress, and, in presidential 
years, for presidential electors. The state conventions 
also selected delegates to a national convention which 
nominated candidates for President and Vice-President. 
Later in the summer caucuses were usually again held, 
delegates elected to county conventions, and these county 
conventions selected candidates for county offices. Each 
political party held its own caucuses and conventions. It 
was so easy for a skillful politician and a few interested 
persons to control the caucus and the convention that 
very often men were nominated regardless of their fitness 
and honesty. A few political leaders usually controlled 
the political party and the term "political boss" came to 
be applied to many of them. 

Primary Election Method. Many people believed that 
if the conventions were done away with, so far as pos- 
sible, and the voters of a party could vote directly for 
candidates, there would be less opportunity for political 
corruption. The legislature of 1907, therefore, provided 
that candidates for state, legislative, and county offices 
should be selected by the party voters of each party on 
the second Tuesday of June, 1908, and every two years 
thereafter. Republicans are given ballots on which are 
printed the names of all Republican candidates for state 
and county offices. Democrats are given ballots contain- 
ing the names of Democrats who seek nomination of 
their party, and the Prohibitionists, Socialists or any 
other political party have their own separate tickets. 

One defect in this plan is that it is possible for Demo- 
crats to ask for Republican tickets and then help nomi- 



NOMINATIONS AND ELECTIONS 2^3 

nate undesirable candidates, or for Republicans to take 
Democratic tickets. To prevent this the legislature of 
1911 provided that each voter must sign a declaration 
that he is a member of a certain political party and that 
he intends to support the candidates nominated by it. 

To have his name printed on one of these ballots, a 
candidate must get a petition signed by from one per 
cent to five per cent of the voters of his party in the state, 
if it is a state office, or from three per cent to five per cent 
in the county if it is a county office. While this is called 
a primary election, it is not an election to oiUce, but sim- 
ply to a place in the column of party candidates on the 
ballot used in the November election. 

EXAMPLE. Suppose that A, B, and C are all Republicans and 
that each seeks to get the nomination of his party for county judge. 
Each one must have a petition signed by not less than three per cent 
of the Eepublicans of the county, nor more than five per cent of 
them (the number is determined from the number of Republican votes 
for governor in that county at the last election). These petitions are 
filed with the county auditor, who must h^ve their names printed on 
the Republican ticket. At the June primary election the Republicans 
will elect ^, B, or C as their party candidate for county judge. 
Suppose A is chosen. In the November election, then, A's name will 
appear on the ballot as the Republican candidate for this office. In 
a similar way a Democratic candidate for county judge is nominated 
by the Democrats at the June primary election, and thus each of the 
other political parties nominates its candidates. Now at the Novem- 
ber election the -voter is given a ballot containing the names of all 
of those candidates (see p. 231). If he wishes to vote for the Repub- 
lican candidate for county judge, he makes an X before the names 
of A, the Republican caudidate. Or, if he wishes to vote for the 
candidate of some other party, he may do so. 

A primary election is held in March in presidential 
years to elect delegates to county conventions, which 
elect delegates to the state convention, which elects dele- 
gates to a national convention, which nominates candi- 
dates for President and Vice-President (see Chapter 
XX). At the June primaries, delegates are elected to 
conventions which adopt party platforms, fill vacancies 
on the party ticket, etc. 



224: SOUTH DAKOTA, A REPUBLIC OF FRIENDS 

United States Senator. The state legislature eiects 
United States Senators. This method has proven so very, 
unsatisfactory that repeated efforts have been made to 
amend the constitution of the United States so that the 
people may directly elect them, but every attempt has 
been defeated by the United States senate, many of the 
senators knowing well enough that they could never 
hope to be chosen if the will of the people could assert 
itself in a general election. For a long time, however, 
political parties in South Dakota have been accustomed 
to nominate their candidates for this office. When the 
legislature meets the members of the party in power 
never have failed to choose the man who was nominated 
by their party. 

Primary Method Unsatisfactory. The law of 1907 has 
not operated with a very large measure of satisfaction, 
though it has convinced everyone of the serious defects 
of the old plan. Changes in many details will doubtless 
be made from time to time. In general outline, however, 
the primary election plan will doubtless remain for a 
long time. 

Elections 

The Campaign. Each political party usually has a 
national committee, made up of one member from each 
state and territory; a state committee, made up of one 
member from each county; a county committee, made 
up of one member from each voting precinct, and a local 
committee for each township, town, and city. These 
committees look after party interests, employ speakers, 
send out campaign literature, and, in general, have charge 
of the political campaign. In the heat of an election con- 
test many things are said and done that would not occur 
ordinarily. In former days there used to be torch light 
processions, "barbecues" where whole roasted oxen were 



NOMINATIONS AND ELECTIONS 225 

eaten and Intoxicating liquors were freely dispensed, and 
other spectacular events. The appeal today is more to 
the intelligence of the voter and less to his passions. 

Polling Places. A place to vote must be provided for 
each township, city, and town (if fifty voters petition for 
it). If there are more than five hundred voters in a 
precinct it may be divided. In ward cities there is one 
polling place for each ward. The room is usually divided 
off by a railing, within which are the judges of election 
having charge of the ballots and ballot boxes, and booths 
which are so arranged that each voter may enter one and 
mark his ballot secretly. There must be one booth for 
every fifty voters. 

Judges of Election. The county commissioners appoint 
three voters from each voting precinct to act as judges of 
election. They must appoint the persons named by dif- 
ferent political parties, if the county committee of a 
political party does not name a judge, county commis- 
sioners use their own judgment. One of the judges is 
named as superintendent and he has charge of the erec- 
tion of booths. The three judges appoint two clerks to 
assist them. Each judge and clerk must take an oath 
to perform his duties according to law and "to prevent 
fraud, deceit and abuse" in the election. 

Ballots. The county auditor must provide ballots con- 
taining the names of candidates and separate ballots for 
proposed amendments to the constitution and laws to be 
voted on (by initiative or referendum). One hundred 
ballots are furnished each precinct for every fifty votes 
cast there at the preceding election. Sample ballots, 
printed on different colored paper, and instruction cards 
are also furnished by him. The ballots for amendments 
and laws contain simply the titles of those proposed with 
places for marking. The proposed amendments and laws 



226 SOUTH DAKOTA, A REPUBLIC OF FRIENDS 

are printed and mailed to each voter in advance of the 
election, so that he may be informed concerning them. 

Method of Voting. The voter advances to the judges 
and is given a ballot (or ballots), having stamped on the 
back ''Official Ballot," signed with the initials of one of 
the judges. He then goes to a booth and with a pencil 
or stamp marks it as he wishes to vote. He then folds 
it so that the stamp shows and hands it to a judge, an- 
nouncing his name to the clerks. The judge deposits the 
ballot in the ballot box and the clerks check the person's 
name to show that he has voted. 

A voter who is blind or physically unable to mark his ballot may 
be assisted by two of the judges belonging to different political par- 
ties. No electioneering (urging people to vote for certain candidates 
or propositions) is permitted inside the polling place or within fifty 
feet of it. Any voter may require leave of absence from his work for 
two hours, without loss of pay, in order to vote. The voter must not 
make any private mark on his ballot by which it may be identified. 
This is to prevent people from selling their votes and then having 
something on the ballots to show that they voted as they promised. 

Qualifications of Electors. An elector is a voter. The 
constitution of South Dakota (Article VH) provides 
that any person must have the following qualifications : 

1. Male resident of the state. 

2. Twenty-one years of age. 

3. A citizen of. the United States or an alien who has 
declared his intention to become a citizen (see "Natur- 
alization," in chapter XV). 

4. Resided in the United States one year before the 
election, in the state six months, in the county thirty 
days, and ten days in the election precinct where he offers 
his vote. 

Woman Suffrage. Suffrage means the right to vote. 
Women do not have the right to vote in South Dakota 
except "at any election held solely for school purposes." 
To vote at a school election a woman must have quali- 
fications (2), (3), and (4). 



NOMINATIONS AND ELECTIONS ' 227 

Disqualifications. The following persons may not vote 
in South Dakota: 

1. Those who lack any one of the four qualifications. 

2. Insane persons or those under guardianship. 

3. A soldier of the United States army or sailor of 
the navy who may be stationed in the state, unless his 
home was here when he enlisted. A soldier or sailor or 
any person employed by the United States who leaves 
the state in the discharge of his duties does not lose his 
residence but may return home at election time and vote. 
This is true of a student attending school. 

4. ''Nor shall any person convicted of treason or 
felony be qualified to vote at any election unless restored 
to civic rights." — Art. 7, Constitution. 

5. A person convicted upon impeachment charges 
may be disfranchised (deprived of the right to vote) and 
disqualified from holding office. 

6. An Indian who has not "severed his tribal rela- 
tions," that is, who still lives on a reservation and is sub- 
ject to the control of the agency. Such Indians are said 
to be "wards of the United States," and cannot buy or 
sell land, cattle, horses, or other property and cannot even 
kill their own cattle without permission of the agent on 
the reservation. This guardianship is necessary to pro- 
tect them. Many of the Indians of South Dakota live in 
citizen communities and vote and hold property, and 
many are very prosperous. 

Challenging. If it is believed that a person who offers 
to vote is not legally qualified, his right to vote may be 
challenged by one of the judges or by any other voter. 
The judges then explain to him the qualifications of a 
voter. If he declares he is qualified, he may be required 
to take an oath to that effect and may be required to sign 
it. A violation of an oath is called perjury and is a peni- 
tentiary offense. 



228 SOUTH DAKOTA, A REPUBLIC OF FRIENDS 

Canvassing Returns. The polls are open, in general 
elections, from 8 :00 o'clock A. M. until 5 :00 P. M. When 
the polls are closed the judges open the ballot box and 
publicly count the ballots to see that there are not more 
ballots than the poll list (list of voters) shows. If sev- 
eral ballots are found folded together they are destroyed. 
The votes for each candidate are then carefully counted, 
entered in the poll book, and certified by the judges and 
clerks. The votes and poll list are put in the ballot box, 
which is locked and sealed (with white paper seals hav- 
ing the names of the judges) and sent to the chairman of 
the county commissioners. If the election is for local 
offices, returns are sent to city council or town board. 
The key to the box and the poll book are sent to the 
county auditor. These votes are canvassed by the county 
auditor and a majority of the county commissioners (or 
the county treasurer, county judge and one county com- 
missioner, none of whom could have been candidates at 
the election). The poll books are carefully looked over 
and a list is made of the votes received for the different 
candidates in the various polling places of the county. 
In this way they decide what county officers have been 
elected. The county auditor makes an abstract, or sum- 
mary, of the votes cast for various candidates and sends 
it to the secretary of state (he also sends copies of the 
abstract of votes for state officers to the governor, and 
to the presiding judge of the supreme court). The state 
board of canvassers then add up the votes from the 
various counties and decide who were elected to those 
offices which are filled by state-wide election (see 
Chapter X). 

Contested Election. If a defeated candidate thinks the 
votes have been incorrectly counted he may bring action 
in court to have the ballot boxes opened and the ballots 
all recounted. 



NOMINATIONS AND ELECTIONS 229 

The Short Ballot. There are so many candidates for 
so many offices that the average voter knows very little 
about any of them. Few men besides professional poli- 
ticians can name even one-half of the men he has voted 
for after he has handed his ballot to the election judge, 
and of that half he knows very little. Because of these 
conditions there has grown up a strong movement in 
the United States, supported by a large number of our 
best statesmen and safest leaders, to elect only those 
officers who have general administrative powers, having 
them appoint such officers as have clerical or technical 
duties. The county commissioners could appoint their 
own clerk (county auditor), a surveyor, coroner, regis- 
ter of deeds, etc. If we elected only a few officers at a 
time we would become far more familiar with their 
qualifications and our elections would be less dependent 
upon the political **boss" and political "machine," — the 
people and not a small group of politicians would choose 
the officers. 

"The short ballot principle has been endorsed by every 
living American writer on political science." 

Longer Term and Recall. In order that only a few 
officers be elected at one time it would be far better to 
have the term of office longer. To prevent the person 
who is elected for four or six years from misusing his 
powers, the people should have the right to recall an 
official,* as is now done in cities under commission (see 
Chapter XIV). The principles of the short ballot, longer 
term, and recall will gradually be accepted by our best 
and most patriotic citizens, and when adopted will prove 
to be the greatest political change since the principle of 
government by the people was established in the world. 



* An exception should be made in case of our higher judges, who should 
be independent to a very great extent. 



230 SOUTH DAKOTA, A REPUBLIC OF FRIENDS 

QUESTIONS. 

POPULAR ELECTIONS. Why are officers elected for a limited 
time 1 

POLITICAL PARTIES. What gives rise to political parties? 
Explain how Washington selected his cabinet. Who became the 
leaders? What did each advocate? What political parties arose? 
What foreign nation did each party favor? 

GROUP ACTION. What influences individuals? Explain. What 
is meant by the ' ' solidarity of the race ' ' ? Explain. 

NEED FOR POLITICAL PARTIES. Why are political parties 
needed? What is said of the importance of nominating good candi- 
dates for office? 

INDEPENDENT VOTERS. To what parties do most persons 
belong? Why? What should be more important than the political 
party ? 

CAUCUS AND CONVENTION METHOD. What is a caucus? 
How conducted? What did the county convention do? The state 
convention? What evils resulted from this method? 

PRIMARY ELECTION METHOD. Explain the plan of the 
primary election. What is one defect of this plan? How does a 
candidate get his name on the ballot? What is done in the June 
primary election? Give an example like the one in the book. 7hen 
are primary elections held in March? For what purpose? 

UNITED STATES SENATE. How are United States senators 
elected? How are candidates nominated in South Dakota? 

PRIMARY METHOD UNSATISFACTORY. How has the law of 
1907 worked? 

THE CAMPAIGN. What committees do political parties have? 
What is said as to the conduct of campaigns? 

POLLING PLACES. What is a polling place? What polling 
places must be provided in each county? 

JUDGES OF ELECTION. How many? How chosen? How many 
clerks? 

BALLOTS. Who provides ballots? What do the ballots contain? 
How many ballots are furnished each precinct? 

METHOD OF VOTING. Describe the method of voting. Explain 
how a blind voter may be assisted. 

QUALIFICATIONS OF ELECTORS. Name the four qualifications 
of a voter. 

WOMAN SUFFRAGE. At what elections may women vote in 
South Dakota? 

DISQUALIFICATIONS. Name the six classes of persons who may 
not vote. 

CHALLENGING. When may a person's vote be challenged? By 
whom? What is done then? 

CANVASSING RETURNS. When are the polls opened? How are 
the ballots counted?' What is done with the ballots and poll list? 
Who canvasses the votes for the county? For the state? 

CONTESTED ELECTION. Explain what is meant. 



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PART III. UNITED STATES CIVIL 
GOVERNMENT 

CHAPTER XVIII 
CONGRESS 

"We, the people of the United States, in order to form a more per- 
fect union, establish justice, insure domestic tranquillity, provide for 
the common defense, promote the general welfare, and secure the 
blessings of liberty to 'mrselves and our posterity, do ordain and 
establish this Constitution for the United States of America. 

ARTICLE I 
Section 1. — 1. All legislative powers herein granted shall be vested 
in a Congress of the United States, which shall consist of a Senate 
and House of Representatives. 

The House of Representatives 

Section 2. — 1. The House of Representatives shall be composed of 
members chosen every second year by the people of the several states; 
and the electors in each state shall have the qualifications requisite 
for electors of the most numerous branch of the state legislature. 
[Electors are voters.*] 

2. No person shall be a representative who shall not have attained 
to the age of twenty-five years, and been seven years a citizen of the 
United States, and who shall not, when elected, be an inhabitant of 
that state in which he shall be chosen. 

3. Representatives and direct taxes shall be apportioned among 
the several states which may be included within this Union, accord- 
ing to their respective numbers. [The remainder of this clause is 
omitted because it has been changed by the 14th amendment.] 

Apportionment of Representatives. After each census 
Congress must decide how many representatives there 
shall be and how manv from each state. After the cen- 



* Thp explanation and references in parentheses are not portions of the 
Constitution of the United States. 

233 



234 SOUTH DAKOTA, A REPUBLIC OF FRIENDS 

sus of 1900 Congress fixed the number of representa- 
tives at 386 and this was increased to 391 by the admis- 
sion of Oklahoma with five representatives. After the 
census of 1910 Congress fixed the number (to go into 
effect March 4, 1913) at 435,* as follows: 

Alabama, 10. Nebraska, 6. 

Arizona, t 1. Nevada, I. 

Arkansas, 7. New Hampshire, 2. 

California, 11. New Jersey, 12. 

Colorado, 4. New Mexico, t 1. 

Connecticut, 5. New York, 43. 

Delaware, 1. North Carolina, 10. 

Florida, 4. North Dakota, 3. 

Georgia, 12. Ohio, 22. 

Idaho, 2. Oklahoma, 8. 

Illinois, 27. Oregon, 3, 

Indiana, 13. Pennsylvania, 36. 

Iowa, 11. Rhode Island, 3. 

Kansas, 8. South Carolina, 7. 

Kentucky, 11. South Dakota, 3. 

Louisiana, 8. Tennessee, 10. 

Maine, 4. Texas, 18. 

Maryland, 6. Utah, 2. 

Massachusetts, 16 Vermont, 2. 

Michigan, 13. Virginia, 10. 

Minnesota, 10. Washington, 5. 

Mississippi, 8. West Virginia, 6. 

Missouri, 16. Wisconsin, 11. 

Montana, 2. Wyoming, 1. 

Method of Apportionment. Hereafter the method of 
apportioning Representatives will be as follows : After 
the federal census is taken the secretary of commerce 
and labor is required to divide the total population of 
the states by 430.* The quotient gives the ratio of ap- 
portionment ; that is, the number of people necessary for 
one representative. The population of each state is then 

7. Judgment in cases of impeachment shall not extend 
divided by this ratio and the state is allowed one rep- 
resentative for each full ratio and one for the remainder 
if it equals one-half or more of the ratio. Each state 
must have at last one representative. 

4. When vacancies happen in the representation from any state, 
the executive authority thereof shall issue writs of election to fill such 
vacancies. 



* The bill making this apportionment is still pending in Congress (1911) 
and these figures may need to be revised. 
t When admitted. 



CONGRESS 335 

If a vacancy occurs in the representation of any state 
a special election is called by the governor. In June, 
1908, Hon. W. H. Parker, one of the representatives from 
South Dakota, died. Governor Crawford called a spe- 
cial election to fill the vacancy in November, 1908, at 
the same time that the general election was held. Hon. 
Eben W. Martin was elected to fill the unexpired term, 
ending March 4, 1909. At the general election, held at 
the same time, Mr. Martin was elected to the 61st Con- 
gress, beginning March 4, 1909, and ending March 4, 
1911. "A Congress" used in this sense means a two- 
year term, beginning March 4 of an odd numbered year. 
The first Congress extended from March 4, 1789, to 
March 4, 1791. 

5. The House of Representatives shall choose their speaker and 
other oflEicers, and shall have the sole power of impeachment. [See 
Chapter IX.] 

The following persons have been impeached (accused) by the house 
of representatives and tried by the senate : 

John Pickering, U. S. Judge, found guilty, removed from office. 

Samuel Chase, U. S. Judge, acquitted. 

James Peck, U. S. Judge, acquitted. 

W. W. Humphreys, XJ. S. Judge, found guilty, removed from office. 

Andrew Johnson, President, acquitted. 

W. W, Belknap, Secretary of War, acquitted. 

Charles Swayne, U. S. Judge, acquitted. 

William Blount, a senator from Tennessee, was also impeached by 
the House of Representatives but the Senate refused to try him on the 
grounds that a senator or representative is not subject to impeachment. 



The United States Senate. 

Section 3. — 1. The Senate of the United States shall be composed 
of two senators from each state, chosen by the legislature thereof, 
for six years; and each senator shall have one vote. 

2. Immediately after they shall be assembled in consequence of 
the first election, they shall be divided as equally as may be, into 
three classes. The seats of the senators of the first class shall be 
vacated at the expiration of the second year, of the second class at 
the expiration of the fourth year, and of the third class at the expira- 
tion of the sixth year, so that one-third may be chosen every second 
year; and if vacancies happen, by resignation or otherwise, during the 
recess of the legislature of any state, the executive thereof may make 
temporary appointments until the next meeting of the legislature, 
which shall then fill such vacancies. 



236 SOUTH DAKOTA, A REPUBLIC OF FRIENDS 

In July, 1901, Hon. J. H. Kyle, one of our United 
States senators, died. Governor Herreid appointed Hon. 
A. B. Kittredge to fill the vacancy until the legislature 
met in 1903. At that time he was chosen by the legis- 
lature to fill the unexpired term, which ended March 4, 
1903, and was also elected by the legislature for the next 
term beginning March 4, 1903, and ending March 4, 1909. 

3. No person shall be a senator who shall not have attained the 
age of thirty years, and been nine years a citizen of the United States, 
and who shall not, when elected, be an inhabitant of that state for 
which he shall be chosen. 

4. The Vice-President of the United States shall be president of 
the Senate, but shall have no vote, unless they be equally divided. 

5. The Senate shall choose their other officers and also a president 
pro tempore, in the absence of the Vice-President, or when he shall 
exercise the office of President of the United States. 

6. The Senate shall have the sole power to try all impeachments. 
When sitting for that purpose, they shall be on oath or affirmation. 
When the President of the United States is tried, the chief justice 
shall preside; and no person shall be convicted without the concur- 
rence of two-thirds of the members present. 

7. Judgment* in cases of impeachment shall not extend further 
than to removal from office, and disqualification to hold and enjoy 
any office of honor, trust or profit, under the United States; but the 
party convicted shall nevertheless be liable and subject to indictment, 
trial, judgment and punishment, according to law. 

Section 4. — 1. The times, places and manner of holding elections 
for senators and representatives shall be prescribed in each state by 
the legislature thereof; but the Congress may, at any time, by law, 
make or alter such regulations, except as to the places of choosing 
senators. 

2. The Congress shall assemble at least once in every year, and 
such meeting shall be on the first Monday in December, unless they 
shall by law appoint a different day. 

Sessions of Congress. Each Congress has two regular 
sessions and has special sessions if called by the Presi- 
dent of the United States. Since regular sessions begin 
the first Monday of December, the last one must be a 
short session because it must end March 4. 



* It is interesting to note that impeachment in England, where it 
originated in 1376, may be applied to any person excepting the king 
and any kind of punishment may be inflicted. In theory, "the king can 
do no wrong." His ministers are held responsible for all governmental 
acts. 



CONGRESS 237 

Sessions of the 62d Congress : 
Term began March 4, 1911 ; ends March 4, 1913. 
Long session, December 2, 1911, to summer of 1912. 
Short session, December 7, 1912, to March 4, 1913. 

Section 5. — 1. Each house shall be the judge of the elections, 
returns and qualifications of its own members, and a majority of 
each shall constitute a quorum to do business; but a smaller number 
may adjourn from day to day, and may be authorized to compel the 
attendance of absent members, in such manner, and under such penal- 
ties as each house may provide. 

2. Each house may determine the rules of its proceedings, punish 
its members for disorderly behavior, and, with the concurrence of two- 
thirds, expel a member. 

3. Each house shall keep a journal of its proceedings, and from 
time to time publish the same, excepting such parts as may in their 
judgment require secrecy; and the yeas and nays of the members of 
either House on any question shall, at the desire of one-fifth of those 
present, be entered on the journal. 

4. Neither house, during the session of Congress, shall, without 
the consent of the other, adjourn for more than three days, nor to 
any other place than that in which the two houses shall be sitting. 

Section 6. — 1. The senators and representatives shall receive a 
compensation* for their services, to be ascertained by law, and paid 
out of the treasury of the United States. They shall in all cases, 
except treason, felony and breach of the peace, be privileged from 
arrest during their attendance at the session of their respective 
houses, and in going to and returning from the same; and for any 
speech or debate in either house, they shall not be questioned in any 
other place. 

2. No senator or representative shall, during the time for which 
he was elected, be appointed to any civil ofiice under the authority of 
the United States, which shall have been created, or the emoluments 
whereof shall have been increased during such time; and no person 
holding any office under the United States shall be a member of either 
house during his continuance in office. 

Section 7. — 1. All bills for raising revenue shall originate in the 
House of Eepresentatives ; but the Senate may propose or concur with 
amendments as on other bills. 

2. Every bill which shall have passed the House of Representatives 
and the Senate, shall, before it becomes a law, be presented to the 
President of the United Slates; if he approves he shall sign it, but 
if not he shall return it, with his objections to that house in which 
it shall have originated, who shall enter the objections at large on 
their journal and proceed to reconsider it. If after such reconsidera- 
tion two-thirds of that house shall agree to pass the bill, it shall be 
sent, together with the objections, to the other house, by which it shall 
likewise be reconsidered, and if approved by two-thirds of that house, 
it shall become a law. But in all such cases the votes of both houses 
shall be determined by yeas and nays, and the names of the persons 



238 SOUTH DAKOTA, A REPUBLIC OF FRIENDS 

voting for and against the bill shall be entered on the journal of 
each house respectively. If any bill shall not be returned by the 
President within ten days (Sundays excepted) after it shall have been 
presented to him, the same shall be a law, in like manner as if he had 
signed it, unless the Congress by their adjournment prevent its return, 
in which case it shall not be a law. 

3. Every order, resolution, or vote to which the concurrence of the 
Senate and House of Eepresentatives may be necessary (except on a 
question of adjournment) shall be presented to the President of the 
United States ; and before the same shall take effect shall be approved 
by him, or being disapproved by him, shall be repassed by two-thirds 
of the Senate and House of Eepresentatives, according to the rules 
and limitations prescribed in the case of a bill. 

Pocket Veto. The process of passing a law by Con- 
gress is very similar to the methods which we studied 
in Chapter IX for the state. The President, however, 
has a veto power which the governor of South Dakota 
does not possess. If Congress sends a bill to the Presi- 
dent and adjourns within ten days, so he cannot return 
it, he has an absolute veto. By letting it lie without 
action, it does not become a law. This voiding a bill 
which is presented to the President within the last ten 
days of the session by his neither signing it nor return- 
ing with his objections, is called a "pocket" or "silent" 
veto. In South Dakota, to veto a bill the governor must 
return it with his objections to the house which origi- 
nated it, or, if the legislature has adjourned, to the secre- 
tary of state. Thus he cannot silently veto any bill. 

Powers of Congress. 

Section 8. — 1. The Congress shall have power to lay and collect 
taxes, duties, imposts and excises, to pay the debts and provide for 
the common defense and general welfare of the United States; but 
all duties, imposts and excises shall be uniform throughout the United 
States. 

Direct Taxes. According to interpretations of the Su- 
preme Court of the United States, direct taxes include 
(a) poll taxes, (b) taxes on land and personal property. 



* The salary of senators and representatives in Congress is $7,500 a 
year with mileage. 



CONGRESS 239 

and (c) taxes on incomes. All other kinds of taxes are 
indirect. Since 1861 Congress has not levied any direct 
taxes. The principal indirect taxes are classified as (a) 
duties on imported goods, and (b) internal revenue. 

Duties. These are sometimes called customs duties 
and the place where they are collected is called a ''cus- 
toms house." A list of the duties charged on imported 
goods is called a tariff. A tariff for revenue only is one 
in which duties are levied on only those goods which we 
do not produce and must import, such as coffee. A pro- 
tective tariff is one levied on goods with which we com- 
pete with other nations in producing. A tariff for rev- 
enue with incidental protection is one designed mainly 
for revenue, but incidentally to protect the producer in 
this country. All of our tariffs since 1816 have, in real- 
ity, been protective tariffs, some higher than others and 
some "protecting" more than others. Most of the in- 
come for the support of the federal government comes 
from duties. 

Tariff Commission. In 1909 a general tariff law was 
passed by Congress, which may be the last one of the 
kind. The present plan is to have a commission of ex- 
perts make a constant study and examination of condi- 
tions of production, trade and industry in this country 
and in other countries and recommend to Congress from 
time to time such changes in duties as will best promote 
prosperity and lessen the cost of living. 

Internal Revenue. The United States levies taxes on 
the manufacture and sale of liquors, tobacco and a few 
other articles. The internal revenue office for collecting 
these taxes in the Dakotas is located in the federal build- 
ing in Aberdeen. 

2. To borrow money on the credit of the United States. 

3. To regulate commerce with foreign nations, and among the 
several states, and with the Indian tribes. 



240 SOUTH DAKOTA, A REPUBLIC OF FRIENDS 

Interstate Commerce. Goods or passengers starting 
in one state and going into another state constitute in- 
terstate commerce. Intrastate commerce (Lat. inter, be- 
tween; intra, within) is that which is within a state and 
commissioners" in Index). In 1887 Congress attempted 
to correct some evils in interstate commerce by passing 
laws regulating railroads and by creating an interstate 
commerce commission to enforce the laws. Several addi- 
tional laws have been passed enlarging the powers of 
this commission, especially in regulating railway rates. 
In 1910 Congress created an interstate commerce court 
to interpret and apply the law to cases that arise. There 
are five judges in this court. 

4. To establish an -uniform rule of naturalization and uniform Jaws 
on the subject of bankruptcies throughout the United States. 

Naturalization. The process by which a foreigner, or 
alien, becomes a citizen is called naturalization. 

Declaration of Intentions. The alien must declare 
upon oath before a United States court or a state or 
territorial circuit court that it is his intention in good 
faith to become a citizen of the United States and re- 
side therein and to renounce forever all allegiance and 
fidelity to any foreign prince or state, and particularly 
to the one of which he may at the time be a citizen or 
subject. These are commonly called the "first papers." 

Citizenship Papers. Not less than two years nor more 
than seven years after the first papers are issued the 
alien must petition for his final papers. His petition 
must be supported by the affidavits of two citizens of the 
United States, who have personally known him to be a 
resident of the United States at least five years and of 
the state one year. It must be shown to the court (1) 
that he has behaved as a person of good moral charac- 
ter, well disposed to good order and to the principles of 
the Constitution; (2) that he is not a disbeliever in or- 



CONGRESS 241 

ganized government (an anarchist) ; (3) that he is not a 
believer in polygamy ; and (4) that he can speak the 
English language. He then takes an oath in open court 
that he will support the Constitution of the United States 
and again renounces all foreign allegiance. His citizen- 
ship papers are then issued to him. 

An alien soldier of the United States army may be ad- 
mitted to citizenship on one year's residence. An alien 
who has served in the navy for five years may be admit- 
ted to citizenship without taking out his first papers. An 
American woman who marries a foreigner takes the na- 
tionality of her husband. When a man becomes natural- 
ized, his wife and minor children, if living in this coun- 
try, also become naturalized. The naturalization of Chi- 
nese is expressly prohibited. The people of the Philip- 
pine Islands and of Porto Rico are not citizens of the 
United States, though they are entitled to full protection 
under the Constitution. 

Citizenship and Suffrage. The United States decides 
who may become citizens and the state decides who may 
vote. The privilege of citizenship and the privilege of 
voting are entirely separate. In South Dakota and in 
many other states aliens who have declared their inten- 
tion of becoming citizens are permitted to vote (see Ar- 
ticle VII of the Constitution). 

Bankruptcy. If a person cannot pay his debts he may 
apply to a referee in bankruptcy, appointed by the 
United States district court, and have his property sold 
and the money divided among his creditors. He may 
then "start over" again and is not legally bound to pay 
any portion of the debts which are not paid by the re- 
turns from sale of his property. He is morally bound 
to pay any honest debts, however, if he ever becomes 
able to do so. If a person owes $1,000 or more, due and 
payable, which he refuses or is unable to pay, he may 



242 SOUTH DAKOTA, A REPUBLIC OF FRIENDS 

be compelled to have his property sold and the money 
divided among his creditors. This is called involuntary 
bankruptcy. 

Exemptions. The United States bankruptcy law re- 
quires the observance of the laws of the different states 
which provide that certain property cannot be sold for 
debt unless the owner consents or unless there is a mort- 
gage on the property. In South Dakota the main ex- 
emptions are as follows : 

(a) The home, including not more than one hundred 
and sixty acres, if in the country, or one acre if in town. 
If worth more than $5,000 the house is sold and $5,000 
returned to buy another home with. 

(b) Personal property to the value of $300 for an un- 
married person, or $750 if the head of a family. 

(c) The family Bible, text books, heirlooms, etc. 

5. To coin money, regulate the value th^reof^ and of foreign coin, 
and fix the standard of weights and measures. 

Legal Tender. Legal tender is that money which must 
be accepted in payment of debts. If legal tender money 
is refused the debt is not discharged, but interest stops 
and the costs of any suit to recover the debt must be 
paid by the creditor. The following kinds of money are 
legal tender: 

(a) Silver dollars ; (b) gold coins ; (c) United States 
notes ("greenbacks" issued during the Civil War and Re- 
issued since then) ; (d) United States treasury notes 
(first issued from 1890 to 1893) ; (e) smaller silver corns, 
to the value of ten dollars ; and (f ) nickels and pennies, 
to the value of twenty-five cents. United States notes 
are not legal tender for the payments of ducies on 
imports or interest on the public debt. 

The following kinds of money are not legal tender, but 
are leceived everywhere at full value: (a) gold certifi- 
cates, (b) silver certificates, and (c) national bank notes 
collected in South Dakota? 



CONGRESS 243 

(these must be accepted by any national bank). The 
reason why this paper money is as good as legal tender 
money is because the treasurer of the United States will 
redeem any of it in gold. 

6. To provide for the punishment of counterfeiting the securities 
and current coin of the United States. 

7. To establish postofl&ces and post roads. 

8. To promote the progress of science and useful arts, by securing 
for limited times to authors and inventors the exclusive right to their 
respective writings and discoveries. 

Copyrights. Books, charts, music, photographs, paint- 
ings, etc., may be copyrighted by sending copies to the 
copyright office. Library of Congress, Washington, D. C, 
with a fee of one dollar. No one may copy anything 
thus protected without the permission of the one who 
holds the copyright. A copyright privilege is valid for 
twenty-eight years and may be renewed for a similar 
period. 

Patents. A patent secures to an inventor the exclusive 
right to manufacture and sell his invention for seventeen 
years. No one may make, even for his own use, an 
article that is patented without the consent of the holder 
of the patent. 

9. To constitute tribunals inferior to the supreme court. 

10. To define and punish piracies and felonies committed on the 
high seas and offenses against the law of nations. 

11. To declare war, grant letters of marque and reprisal, and make 
rules concerning captures on land and water. 

12. To raise and support armies; but no appropriation of money 
to that use shall be for a longer term than two years. 

13. To provide and maintain a navy. 

14. To make rules for the government and regulation of the land 
and naval forces. 

15. To provide for calling forth the militia to execute the laws 
of the Union, suppress insurrection and repel invasions. 

16. To provide for organizing, arming and disciplining the militia, 
and for governing such part of them as may be employed in the 
service of the United States, reserving to the states respectively the 
appointment of the officers and the authority of training the militia 
according to the discipline prescribed by Congress. 



2441 SOUTH DAKOTA, A REPUBLIC OF FRIENDS 

17. To exercise exclusive legislation in all eases whatsoever over 
such district (not exceeding ten miles square) as may, by cession of 
particular states and the acceptance of Congress, become the seat of 
the government of the United States, and to exercise like authority 
over all places purchased by the consent of the legislature of the 
state in which the same shall be, for the erection of forts, magazines, 
arsenals, dock yards and other needful buildings. 

The District of Columbia. In 1783 some drunken sol- 
diers made an attack on Congress, then in session in 
Philadelphia. The city and state authorities did not pro- 
vide protection for Congress, so when the new Constitu- 
tion was drawn up in 1787, clause 17 was inserted so that 
the federal government would not need to depend upon 
a state for the protection of the government officials. In 
1790 the District of Columbia was acquired. It com- 
prises seventy square miles and most of the area is cov- 
ered by the city of Washington. 

Government of the District. The affairs of the district 
are managed by a board of three commissioners. Two 
commissioners are appointed by the President for three 
years and the third is an officer of the engineering de- 
partment of the army. One-half of the money needed to 
support the government is appropriated by Congress; 
the rest is raised by local taxation. There are no elec- 
tions in the district. Officeholders or employes of the 
government retain the right to vote in their home states. 

There are many splendid government buildings in Wash- 
ington, the capital of the United States. It is admitted by 
all that the largest and most beautiful capitol building in 
the world is ours (Fig. 86). It covers over three and one- 
half acres of ground. The largest and most magnificent 
library building in the world is the congressional library. 
This building occupies nearly four acres of ground and 
has fifty-six miles of shelving for books. It contains 
nearly 2,000,000 books and pamphlets, besides hundreds 
of thousands of maps, charts, pieces of music, etc. The, 
President's home Is called the "White House." 



CONGRESS 245 

18. To make all laws which shall be necessary and proper for 
carrying into execution the foregoing powers, and all other powers 
vested by this Constitution in the government of the United States, 
or in any department or officer thereof. 

Express and Implied Powers. The Constitution ex- 
pressly states that Congress can "raise and support 
armies," but while it does not state that a military school 
may be maintained, Congress has considered it "neces- 
sary and proper" to establish one at West Point, New 
York. To maintain an army is an express power; to 
maintain a military academy is an implied power. Short- 
ly after the Constitution went into operation, in 1789, a 
division of opinion arose as to what extent the federal 
government could exercise implied powers. 

QUESTIONS. 

PBEAMBLE. Eepeat the preamble or enacting clause to the con- 
stitution. Of what does Congress consist? 

THE HOUSE OF EEPBESENTATIVES. Of whom composed? 
Term? Qualifications? How appointed? 

APPOBTIONMENT OF EEPBESENTATIVES. Give the number 
of representatives; the method of apportionment. What method is 
to be followed in the future? 

VACANCIES. Explain how a vacancy in the house of representa- 
tives is filled. What is the title of the presiding officer? Was 
President Andrew Johnson impeached? 

UNITED STATES SEN ATOBS. Number! How elected? Term? 
Classes? How are vacancies filled? What are the qualifications of a 
senator? Who is the presiding officer? What power has the senate 
in impeachment cases? 

SESSIONS OF CONGBESS. How often does Congress meet? 
When? Where? What is the long session? Short session? Eegular 
session? Special session? Explain the powers of Congress relative to 
judging the elections and qualifications of members, quorum, rules, 
journal, adjournment, compensation. Explain how a bill may become 
a law. 

POCKET VETO. Explain the pocket veto. 

DIBECT TAXES. What are direct taxes? Indirect taxes. Duties? 

TABIFF COMMISSION. What is the plan for making tariff 
changes in the future? 

INTEBNAL BEVENUE. What is internal revenue? Where 



24S SOUTH DAKOTA, A REPUBLIC OF FRIENDS 

INTEESTATE COMMERCE. Define interstate commerce. Defina 
intrastate commerce. What is the interstate commerce commission? 
The interstate commerce court? 

NATURALIZATION. Explain what is meant by the first papers. 
Give all of the conditions necessary for a foreigner to become a 
citizen of the United States. Distinguish between citizenship -md 
suffrage. 

BANKBUPTCT. What is involuntary bankruptcy? Voluntary 
bankruptcy? What are the exemptions in South Dakota? 

LEGAL TENDER. What is legal tender? Name the kinds of 
money that are legal tender. The kinds that are not. 

COPTRIGHTS. What may be copyrighted? For how long? How? 

PATENTS. What rights are secured by a patent? For how long? 

THE DISTRICT OF COLUMBIA. Why was it provided for? How 
is it governed? 

EXPRESS AND IMPLIED POWERS. Give an example of an 
express power; of an implied power. Name as many powers of Con- 
gress as you can. 



CHAPTER XIX 
POWERS DENIED NATION AND STATE 

Section p. Powers denied to the United States: 

1. The migration or importation of such persons as any of the 
states now existing shall think proper to admit, shall not be prohibited 
by the Congress prior to the year one thousand eight hundred and 
eight; but a tax or duty may be imposed on such importation, not 
exceeding ten dollars for each person. (The words ''such persons'' 
refer to slaves.) 

2. The privilege of the writ of habeas corpus shall not be sus 
pended unless when, in case of rebellion or invasion, the public safety 
may require it. 

3. No bill of attainder, or ex-post- facto law, shall be passed. 

4. No capitation or other direct tax shall he laid, unless in pro- 
portion to the census or enumeration herein before directed to be 
taken. [A capitation (Lat. caput, head) tax is a poll tax. Other 
purposes for taking the census are given in Chapter IX.] 

5. No tax or duty shall be laid on articles exported from any 
state. [A tariff, as discussed in Chapter XVI 11, applies only to 
imported goods, as no tax can be levied on exports.] 

6. No j)referencc shall be given by any regulation of commerce 
or revenue to the ports of one state over those of another; nor shall 
vessels bound to or from one state be obliged to enter, clear or pay 
duties in another. 

7. No money shall be drawn from the treasury but in consequence 
of appropriations made by law; and a regular statement and account 
of the receipts and expenditures of all public msney shall be pub- 
lished from time to time. 

8. No title of nobilty shall be gi'anted by the United States; and 
no person holding any office of profit or trust under them shall, with- 
out the consent of the Congress, accept of any present, emolument, 
office or title of any kind whatever, from any king, prince or foreign 
state. [Many people believe that if a citizen of the United States 
accepts a title from a king, prince or foreign stale he forfeits his 
citizenship. This is not true. If he is a federal officeholder he may 
not accept a present, etc.] 

Section lo. Powers denied to the states: 

1. No state shall enter into any treaty, alliance or confederation; 
grant letters of marque and reprisal; coin money; emit bills of credit; 
make anything but gold and silver coin a tender in payment of debts; 

247 



248 SOUTH DAKOTA, A REPUBLIC OF FRIENDS 

pass any bill of attainder, ex-post-facto law, or law impairing the 
obligation of contracts, or grant any title of nobility. 

2. No state shall, without the consent of the Congress, lay any 
imposts or duties on imports or exports except what may be abso- 
lutely necessary for executing its inspection laws, and the net produce 
of all duties and imposts laid by any state on imports or exports 
shall be for the use of the treasury of the United States; and all 
such laws shall be subject to the revision and control of the Congress. 

3. No state shall, without the consent of Congress, lay any duty 
of tonnage, keep troops or ships of war in time of peace, enter into 
any agreement or compact with another state or with a foreign power, 
or engage in war, unless actually invaded, or in such imminent danger 
as will not admit of delays. 

QUESTIONS. 

Until what year did Congress have no power to prohibit the impor- 
tation of slaves? What is a writ of habeas corpus? A bill of attain- 
der? An ex post facto law? On what basis must direct taxes be 
apportioned among the states? Can Congress tax goods shipped out 
of the United States? What is said concerning granting titles of 
nobility? Name three powers denied the states. 



CHAPTER XX 
FEDERAL EXECUTIVE DEPARTMENT 

Article II. Executive Department 

Section i. President and Vice-President. 

1. The executive power shall bo vested in a President of the 
United States of America. He shall hold his office during the term of 
four years, and together with the Vice-President, chosen for the same 
term, be elected as follows: 

Nomination of Candidates. Before we take up the 
plan of electing a President and Vice-President it is nec- 
essary to understand the method used by political par- 
ties to nominate their candidates. 

National Party Conventions. Each political party 
holds a national convention to nominate candidates for 
President and Vice-President, adopt a platform, and ap- 
point a national central committee (one committeeman 
from each state and territory) to take charge of the cam- 
paign. The Republican party held the convention which 
nominated Taft and Sherman at Chicago, June, 1908. The 
Democratic party held their national convention July, 
1908, at Denver, and nominated Bryan and Kern. 

Delegates to National Conventions. The rule followed 
by the Republican and Democratic parties is to allow 
each state to send to the national convention two dele- 
gates for each representative and senator sent from that 
state to Congress. Delegates are also sent from terri- 
tories and from the District of Columbia. Thus in 1908 
the Democrats of New York sent seventy-eight dele- 

249 



250 SOUTH DAKOTA, A REPUBLIC OF FRIENDS 

gates to the Denver convention, and the Republicans of 
the state sent the same number of Republican delegates 
to the Chicago convention. South Dakota sent eight dele- 
gates to each convention ; the Republicans selected those 
v^ho went to Chicago and the Democrats selected those 
who went to Denver. 

State Party Conventions. To select the delegates from 
the state to the national convention each political party 
usually holds a state convention, though district con- 
ventions are sometimes held. The common method is as 
follows : 

(a) The voters of a political party in each voting pre- 
cinct select delegates to go to a county convention. This 
in former times was called a caucus or primary, but is 
now usually called a "primary election." Each party has 
its own primary election, the Democrats choosing Demo- 
cratic delegates, etc. Each party has its own county 
convention. The number of delegates from the town- 
ships, towns and cities to the county convention depends 
upon the number of party voters in the townships, towns 
and cities. A town having only a few Republicans will 
send only a few delegates to the Republican county con- 
vention, and one having many Republicans will send 
many delegates to it. This is true of the Democratic, 
Socialist or any other political party. 

(b) The county conventions select delegates to the 
state convention. The number to which each county is 
entitled depends upon the party vote in the county. 

(c) The state convention selects delegates to the na- 
tional convention. It also selects an equal number of 
alternates ("substitutes"). 

Mode of Election. 2. Each state shall appoint, in such manner 
as the legislature thereof may direct, a number of electors, equal to 
the whole number of senators and representatives to which the state 
may be entitled in the Congress; but no senator or representative, or 
person holding ,an office of trust or profit under the United States, 
shall be appointed an elector. 



FEDERAL EXECUTIVE DEPARTMENT 251 

Presidential Electors. The method provided by the 
Constitution is to have each state choose, in any way 
the legislature may provide, a number of men (presi- 
dential electors), who are to choose the President and 
Vice-President. The idea of those who framed the Con- 
stitution was that these presidential electors would be 
more competent than the people to select suitable offi- 
cers, and they supposed that the presidential electors 
would be independent in their choice. It immediately 
developed, however, that these presidential electors sim- 
ply registered the choice of the people who selected 
them. 

Electoral College. In all of the states the presidential 
electors are chosen at a general election. In 1908 the 
voters of New York elected thirty-nine presidential elect- 
ors (New York has two senators and thirty-seven repre- 
sentatives). In the same election South Dakota chose 
four (the state having two senators and two representa- 
tives in Congress). The group of presidential electors 
chosen by the state is called the "electoral college." By 
referring to the list showing the number of representa- 
tives from each state, ascertain the number in the elec- 
toral college of each state. 

Amendment XII. The electors shall meet in their respective states 
and vote by ballot for President and Vice-President, one of whom, 
at least, shall not be an inhabitant of the same state with tliemselves; 
they shall name in their ballots the person voted for as President, 
and in distinct ballots the person voted for as Vice-President, and 
they shall make distinct lists of all persons voted for as President and 
of all persons voted for as Vice-President, and of the number of 
votes for each, which lists they shall sign and certify, and transmit 
sealed to the seat of the government of the United States, directed 
to the president of the Senate. The president of the Senate shall, 
in presence of the Senate and House of Representatives, open all the 
certificates and the votes shall then be counted. The person having 
the greatest number of votes for President shall be the President, if 
such number be a majority of the whole number of electors appointed; 
and if no person have such majority, then from the persons having 
the highest numbers not exceeding three on the list of those voted for 
as President, the House of Eepresentatives shall choose immediately, 



252 SOUTH DAKOTA, A REPUBLIC OF FRIENDS 

by ballot, the President. But in choosing the President the votes shall 
be taken by states, the representation from each state having one 
vote ; a quorum for this purpose shall consist of a member or members 
from two-thirds of the states, and a majority of aU the states shall be 
necessary to a choice. And if the House of Eepresentatives shall not 
choose a President whenever the right of choice shall devolve upon 
them, before the fourth day of March next following, then the Vice- 
President shall act as President, as in the case of the death or other 
constitutional disability of the President. The person having the 
greatest number of votes as Vice-President shall be the Vice-President, 
if such a number be a majority of the whole number of electors 
appointed, and if no person have a majority, then from the two 
highest numbers on the list, the Senate shall choose the Vice-Presi- 
dent; a quorum for the purpose shall consist of two-thirds of the 
whole number of senators, and a majority of the whole number shall 
be necessary to a choice. But no person constitutionally ineligible 
to the office of President shall be eligible to that of Vice-President 
of the United States. [This amendment, adopted in 1804, takes the 
place of clause 3.] 

3. The Congress may determine the time of choosing the electors, 
and the day on which they shall give their votes, which day shall be 
the same throughout the United States. 



Election Dates 

(a) On the first Tuesday after the first Monday in 
November in 1904, 1908, etc., the voters of the states 
elect presidential electors. 

(b) On the second Monday in January the presiden- 
tial electors of a state meet at the state capitol and cast 
their ballots for President and Vice-President. Three 
sets of ballots are made, one is sent by mail to the presi- 
dent of the Senate, Washington, D. C, another set is sent 
by a messenger, and the third set is deposited with the 
nearest United States district judge. 

(c) On the second Wednesday of February the Senate 
and the House of Representatives meet in the hall of rep- 
resentatives. The president of the senate opens the bal- 
lots in the presence of both houses, and tellers appointed 
by the houses read the ballots and count them. In case 
no one receives a majority (over one-half) of the elect- 
oral votes for President or Vice-President the House of 



FEDERAL EXECUTIVE DEPARTMENT 25b 

Representatives and Senate decide the matter as de- 
scribed in the Constitution. 

(d) On the fourth of March the men elected take the 
oath of o^-ce and assume their official duties. 

Qualifications of President. 4. No person except a natural born 
citizen, or a citizen of the United States, at the time of the adoption 
of this Constitution, shall be eligible to the office of President; 
neither shall any person be eligible to that office '\\ho shall not have 
attained to the age of thirty-five years, and been fourteen years a 
resident within the United States. 

5. In case of the removal of the President from office, or of his 
death, resignation or inability to discharge the powers and duties of 
the said office, the same shall devolve on the Vice-President, and the 
Congress may by law provide for the case of removal, death, resigna- 
tion or inability, both of the President and Vice-President, declaring 
what officer shall then act as President, and such officer shall act 
accordingly, until the disability be removed, or a President shall be 
elected. 

Vacancies. Congress has provided that the cabinet of- 
ficers shall succeed to the Presidency in the follow^ing 
order: Secretary of State, Secretary of the Treasury, 
Secretary of War, Attorney-General, Postmaster-Gen- 
eral, Secretary of the Navy, and Secretary of the Inte- 
rior. None of these can succeed to the Presidency un- 
less his appointment as a cabinet officer has been con- 
firmed by the Senate and he has all of the necessary qual- 
ifications given in clause 4. The initial letters of these 
officers in order spell St. Wapni. This may help the 
memory. 

Salary. 7. The President shall, at stated times, receive for his 
services a compensation, which shall neither be increased nor dimin- 
ished during the period for which he shall have been elected, and he 
shall not receive within that period any other emolument from the 
United States or any of them. [At present it is $75,000 a year.] 

OatJi. 8. Before he enter on the execution of his office he shall 
take the following oath of affirmation: 

''I do solemnly swear (or affirm) that I will faithfully execute 
the office of President of the United States, and will to the best of 
my ability preserve, protect and defend the Constitution of the 
United States.*' 



254 SOUTH DAKOTA, A REPUBLIC OF FRIENDS 

Powers of the President 

Section B. — 1. The President shall be commandGr-in-chief of the 
army and navy of the United States, and of the militia of the several 
states, when called into the actual service of the United States; he 
may require the opinion, in writing, of the principal of&cer in each of 
the executive departments, upon any subject relating to the duties 
of their respective offices, and he shall have power to grant reprieves 
and pardons for offenses against the United States, except in cases 
of impeachment. 

Pardoning Power. A reprieve is a temporary suspen- 
sion of a punishment; a pardon is a complete release. 
The President's pardoning power does not extend to de- 
cisions of state courts (see Chapter X). 

Treaties. 2. He shall have power, by and with the advice and 
consent of the Senate, to make treaties, provided two-thirds of the 
senators present concur; and he shall nominate, and by and with the 
advice and consent of the Senate, shall appoint ambassadors, other 
public ministers and consuls, judges of the supreme court, and all 
other officers of the United States, whose appointments are not herein 
otherwise provided for, and which shall be established by law; but the 
Congress may by law vest the appointment of such inferior officers, 
as they think proper, in the President alone, in the courts of law, 
or in the heads of departments. 

3, The President shall have power to fill up all vacancies that may 
happen during the recess of the Senate, by granting commissions 
which shall expire at the end of their next session. 

Foreign Relations. Affairs between nations are usu- 
ally conducted by ambassadors or ministers which each 
country sends to the other countries to represent it. The 
United States sends ambassadors to Great Britain, 
France, Germany, Russia, Italy, Austria-Hungary, Mex- 
ico, Japan, Brazil and Turkey, and sends ministers to 
other countries. The only difference between ambassa- 
dors and ministers is in rank and salary. Consuls are 
sent to foreign cities to look after commercial interests. 
They report to us any inventions, changes in laws, or 
other conditions which may affect our commerce. Lists 
of all goods sent from foreign ports to the United States 
are given to the consul as a means of keeping account 
of foreign commerce and duties on imports. 



FEDERAL EXECUTIVE DEPARTMENT 255 

Treaties. When this country wants to make a treaty 
with a foreign nation our Secretary of State proposes one 
to the ambassador or minister from that country. The 
foreign minister at Washington communicates with his 
secretary of state, and if a treaty is made it is signed by 
our Secretary of State and the foreign minister and then 
sent to the Senate for approval. The Secretary of State 
keeps in close communication with the President 
throughout the proceedings. 

A treaty is usually named from the persons who ne- 
gotiated it, the one who proposed it being given first 
and this indicates where the treaty was made. Thus 
the famous treaty of 1842 between the United States and 
Great Britain which settled our dispute as to the north- 
eastern boundary and provided for stopping the slave 
trade and for extraditing criminals, is called the Webster- 
Ashburton treaty. From this we know that Webster 
was our Secretary of State, Ashburton was Great Brit- 
ain's minister to the United States, and the negotiations 
for the treaty were carried on in Washington. 

Sometimes special commissions are appointed to nego- 
tiate treaties. This is usually done for treaties of peace, 
and the negotiation is carried on in some neutral city. 
The treaty is then usually named from the city where it 
was negotiated. Any history of the United States names 
several such treaties, the most important of them being 
the treaty of Paris of 1783, which concluded peace be- 
tween the United States and Great Britain. The second 
peace treaty with Great Britain was the treaty of Ghent, 
1814. 

Federal Positions. Positions under the United States, 
excepting President and Vice-President, are filled in one 
of lour ways : 

(a) Appointment by the President subject to the con- 



256 SOUTH DAKOTA, A REPUBLIC OF FRIENDS 

firmation of the Senate. United States judges, marshals, 
cabinet officers, ambassadors, etc., come in this class. 

(b) Appointment by President alone. The President 
appoints his own private secretary and the clerks of his 
office. 

(c) Appointment by heads of departments. The post- 
master-general appoints all postmasters whose salaries 
are less than $1,000. 

(d) The civil service. "To regulate and improve the 
civil service of the United States," Congress has pro- 
vided for a commission of three men, not more than two 
of whom may be from the same political party, to have 
charge of the appointment of many clerks, teachers in 
Indian schools, skilled workmen, mechanics, etc. On 
June 30, 1909, there were 367,794 persons holding posi- 
tions in the civil service, most of whom received their 
appointments through competitive examinations. At 
least twice a year examinations are held in each state 
and territory. 

Messages, Special Sessions. Section 3. He shall from time to time 
give to the Congress information of the state of the Union and recom- 
mend to their consideration such measures as he shall judge necessary 
and expedient; he may, on extraordinary occasions, convene both 
houses, or either of them, and in case of disagreement between them 
with respect to the time of adjournment, he may adjourn them to 
such time as he shall think proper; he shall receive ambassadors and 
other public ministers; he shall take care that the laws be faithfully 
executed, and shall commission all the officers of the United States. 

Impeachment. Section 4. The President, Vice-President and all 
civil officers of the United States shall be removed from office on 
impeachment for, and conviction of, treason, bribery or other high 
crimes and misdemeanors. 

The President*s Cabinet 

Nine Departments. The work of the executive depart- 
ment of the United States has been subdivided, each di- 
vision being called a "department." The heads of these 
departments constitute the President's cabinet. 



BY THE PRESIDENT OF THE IrKlTED STATES 0? AMERICA- 
A PfiOCLAMiXIGN, 

This year of 1810 is drawing to a close. The records of populfi- 
tion and harvests which are the index of progress show vij^orous nixtionai 
growth and the health and prosperous well-being of our cocup.uui ties through- 
out this land and in our possessions beyond the seas. These blessings 
h&ve Hot des-ended upo.i us in restricted measure, but overflow and abourd. 
They are the hlessini;s and bounty of God- 

We c<j;;ti:;ue to be at peace ivitb the rest of tnc world. In all essen- 
tial la.'itte-'-s our relations with other peoples are har.-coni o',:5, Ailhi an cver- 
growiag reality of friendliness and depth of reco;,;.'iition of mutual dependence. 
It is especially to be noted that during, the past year oreat progress has been 
achieved in th- cause of Arbitration and t.he pe,=icefui aettlpment of interna- 
tlo-nai disputes. 

Nov,, therefore, I, Williaa Howard Taft, President of the 'J.'iiteo States 
of Asi?;rica, io apcordance "S'ith the wise custoir, of the civil magistrate since 
the first settXenerta in this land and JJith the rule established froni the 
foundation of this Gcvarrment, do appoint Thursday, November 24,1910. as a 
day of National Thanksgiving and Prayer, enjoir.mg the people upon that day 
to rrieet in their chiirches for th« praise of .Umigkiy Cod atid to return 
heartfelt tha-iks to Hia for all His gaadnei^'S and ioving-kind!;ess. 

IK WXTKESS WKSE'SO? i have hereunto set icy hand and caused the seal of 
th'i I'nited States to be affixed. 

Done at the City of Washington this fifth day of 

Noveaber, in tr.^- year ot our Lord one thousand r^ine 
hurdred and ten ami Cif the independence of the 
United States the one hundred and thirty-fifth. 



Sy tiiS President: 

-1 '''''''-' ' 




..AiXZ:.^ Secretary of State. 



Fig. 87. A Presidential Proclamation. 

From "Government and Politics in the United States," by William B, 
Guitteau. Houghton, Mifflin Company. 



-"nn 




i 



1 




J Ift 






4. 


5 













- .T 




FEDERAL EXECUTIVE DEPARTMENT 259 

Department of State. This was the first cabinet office 
created by Congress, being called for a time the "depart- 
ment of foreign affairs." Though the name was changed, 
the chief duty of the Secretary of State is in connection 
with foreign affairs. 

The Secretary of State is charged, under the direction 
of the President, with the duties appertaining to corre- 
spondence with the public ministers and the consuls of 
the United States and with the representatives of foreign 
powers accredited to the United States; and to negotia- 
tions of whatever character relating to the foreign affairs 
of the United States. He is also the medium of corre- 
spondence between the President and the chief execu- 
tives of the several states of the United States ; he has 
the custody of the great seal of the United States, and 
countersigns and affixes the seal to all executive procla- 
mations, to various commissions and to warrants for the 
extradition of fugitives from justice. He is regarded as 
the first in rank among the members of the cabinet. He 
is also the custodian of the treaties made with foreign 
countries, and of the laws of the United States. He 
grants and issues passports and exequaturs (see Glos- 
sary) to foreign consuls in the United States are issued 
through his office. He publishes the laws and resolu- 
tions ot Congress, amendments to the Constitution and 
proclamations declaring the admission of new states into 
the Union.* 

The principal bureaus of this department are the diplo- 
matic bureau, consular bureau, bureau of appointments 
(has custody of the great seal), bureau of citizenship (is- 
sues passports), bureau of indexes and archives, bureau 
of rolls and library (has custody of treaties and laws). 



* The statements of official duties are quoted, witli slight changes, 
from the Congressional Directory for December, 191 



260 SOUTH DAKOTA, A REPUBLIC OF FRIENDS 

Department of the Treasury. The head of this depart- 
ment is called Secretary of the Treasury. 

The Secretary of the Treasury is charged by law with 
the management of the national finances. He prepares 
plans for the improvement of the revenue and for the 
support of the public credit; superintends the collection 
of the revenue and directs the forms of keeping and ren- 
dering public accounts and of making returns; grants 
warrants for all moneys drawn from the treasury in 
pursuance of appropriations made by law and for the 
payment of moneys into the treasury; and annually sub- 
mits to Congress estimates of the probable revenues and 
disbursements of the government. He also controls the 
construction of public buildings; the coinage and print- 
ing of money; the administration of the life-saving, rev- 
enue-cutter and the public health and marine hospital 
branches of the public service and furnishes generally 
such information as may be required by either branch of 
Congress on all matters pertaining to the foregoing. 

The principal officers of this department are assistant 
secretaries, six auditors (who audit and settle all ac- 
counts with the other cabinet departments), the super- 
vising architect, the comptroller of the treasury of the 
United States (having general charge over the public 
moneys that may be deposited in the treasury at Wash- 
ington and in the subtreasuries at Boston, New York, 
Philadelphia, Baltimore, Cincinnati, Chicago, St. Louis, 
New Orleans and San Francisco, and in the national 
bank United States depositories), register of the treas- 
ury (look for the names of the last two officers on paper 
money), comptroller of the currency (having supervision 
of national banks), director of the mint, commissioner 
of internal revenue and superintendent of the life-saving 
service. 



FEDERAL EXECUTIVE DEPARTMENT 261 

Department of War. The duties of the Secretary of 
War are as follows : 

The Secretary, of War is nead of the war department 
and performs such duties as are required of him by law 
or may be required of him by the President concerning 
the military service. 

He is charged by law with the supervision of all esti- 
mates of appropriations for the expenses of the depart- 
ment, including the military establishment; of all pur- 
chases of army supplies ; of all expenditures for the sup- 
port, transportation and maintenance of the army and of 
such expenditures of a civil nature as may be placed by 
Congress under his direction. 

He also has supervision of the United States military 
academy at West Point and of military education in the 
army, of the board of ordnance and fortification, of the 
various battlefield commissions, and of the publication 
of the official records of the war of the rebellion. 

He has charge of all matters relating to national de- 
fense and seacoast fortifications, army ordnance, river 
and harbor improvements, the prevention of obstructions 
to navigation and the establishment of harbor lines ; and 
all plans and locations of bridges authorized by Con- 
gress to be constructed over the navigable waters of the 
United States require his approval. 

Department of Justice. The Attorney-General is the 
head of the department of justice and the chief law offi- 
cer of the government. He represents the United States 
in maters involving legal questions ; he gives his advice 
and opinion, when they are required by the President or 
by the heads of the other executive departments, on ques- 
tions of law arising in the administration of their re- 
spective departments ; he appears in the Supreme Court 
of the United States in cases of especial gravity and im- 
portance ; he exercises a general superintendence and di- 



262 SOUTH DAKOTA, A REPUBLIC OF FRIENDS 

rection over United States attorneys and marshals in all 
federal judicial districts in. the states and territories, and 
he provides special counsel for the United States when- 
ever required by any department of the government. 

Postoffice Department. The Postmaster-General is 
the executive head of the federal postal service. He ap- 
points all officers and employes of the postoffice depart- 
ment except the four assistant postmasters-general and 
the purchasing agent, v^ho are presidential appointees. 
With the exception of postmasters of the first, second 
and third classes, who are likewise presidential ap- 
pointees, he appoints all postmasters and all other offi- 
cers and employes of the service at large. Subject to 
the approval of the President, he makes postal treaties 
with foreign governments. He awards and executes con- 
tracts and directs the management of the foreign mail 
service. He is chairman of the board of trustees of the 
postal savings system. 

There are four assistant postmasters-general. The 
first has charge of the divisions of postmasters' appoint- 
ments, salaries and allowances and city delivery. The 
second has supervision over railway adjustments, foreign 
mails, railway mail service, inspection and equipment. 
The third has charge of finance, stamps, money orders, 
registered mail and classification of mail matter. The 
fourth directs the work of the rural mails, supplies and 
''dead letters." 

Department of the Navy. The Secretary of the Navy 
performs such duties as the President of the United 
States, who is commander-in-chief, may assign him, and 
has the general superintendence of construction, man- 
ning, armament, equipment and employment of vessels 
of war. 

Department of the Interior. The Secretary of the In- 



FEDERAL EXECUTIVE DEPARTMENT 263 

terior is charged with the supervision of public business 
relating to patents for inventions, pensions and bounty 
lands, the public lands and bureau of mines, national 
parks, and the supervision of certain hospitals and in- 
stitutions in the District of Columbia. He also exer- 
cises certain powers and duties in relation to the terri- 
tories of the United States. The commissioner of edu- 
cation collects statistics pertaining to education, has gen- 
eral charge of the education of the native children in 
Alaska and administers the endowment fund for the sup- 
port of agricultural colleges. 

Department of Agriculture. The secretary exercises 
personal supervision of public business relating to the 
agricultural industry. He appoints all the officers and 
employes of the department with the exception of the 
assistant secretary and the chief of the weather bureau, 
who are appointed by the President, and directs the man- 
agement of all the bureaus, divisions, offices and the for- 
est service embraced in the department. He exercises 
advisory supervision over agricultural experiment sta- 
tions, which receive aid from the national treasury; has 
control of the quarantine stations for imported cattle, of 
interstate quarantine rendered necessary by sheep and 
cattle diseases, and of the inspection of cattle-carrying 
vessels, and directs the enforcement of the meat inspec- 
tion and food and drug laws under which the inspection 
of domestic and imported food products is carried on. 
He is charged with the duty of issuing rules and regu- 
lations for the protection, maintenance and care of the 
national forest reserves. He also is charged with carry- 
ing into effect the laws prohibiting the transportation by 
interstate commerce of game killed in violation of local 
laws and excluding from importation certain noxious ani- 
mals, and has authority to control the importation of 
other animals. 



264 SOUTH DAKOTA, A REPUBLIC OF FRIENDS 

Department of Commerce and Labor. The Secretary 
of Commerce and Labor is charged with the work of 
promoting the commerce of the United States, and its 
mining, manufacturing, shipping, fishery, transportation 
and labor interests. His duties also comprise the inves- 
tigation of the organization and management of corpora- 
tions (excepting railroads) engaged in interstate com- 
merce; the gathering and publication of information re- 
garding labor interests and labor controversies in this 
and other countries ; the administration of the lighthouse 
service, and the aid and protection to shipping thereby; 
the taking of the census, and the collection and publica- 
tion of statistical information connected therewith; the 
making of coast and geodetic surveys ; the collecting of 
statistics relating to foreign and domestic commerce ; the 
inspection of steamboats and the enforcement of laws re- 
lating thereto for tlie protection of life and property; 
the supervision of the fisheries as administered by the 
federal government; the supervision and control of the 
Alaskan fur, seal, salmon and other fisheries; the juris- 
diction over merchant vessels, their registry, licensing, 
measurement, entry, clearance, transfers, movement of 
their cargoes and passengers, and laws relating thereto, 
and to seamen of the United States; the regulation of 
the enforcement and execution of the act of Congress 
relating to the equipment of ocean steamers with appa- 
ratus and operators for wireless communication; the su- 
pervision of the immigration of aliens, and the enforce- 
ment of the laws relating thereto, and to the exclusion 
of Chinese ; the custody, construction, maintenance and 
application of standards of weights and measurements ; 
the gathering and supplying of information regarding in- 
dustries and markets for the fostering of manufacturing. 



FEDERAL EXECUTIVE DEPARTMENT 265 

QUESTIONS. 

PEESIDENT AND VICE PRESIDENT. What is the term of these 
officers 1 

NATIONAL PAETY CONVENTIONS. What does a national 
party convention do? 

DELEGATES TO NATIONAL CONVENTIONS. How many 
delegates from each state? 

STATE PAETY CONVENTIONS. What is a primary election? 
Explain the process by which delegates are selected from each state. 

MODE OF ELECTION. What are presidential electors? How 
many elected in each state? What is the electoral college? Explain 
the method of electing a President. 

QUALIFICATION OF PEESIDENT. Name the qualifications of 
President. 

VACANCIES. Explain how vacancies in the presidency are filled. 
What is said of salary and oath of office? 

COMMANDEE IN CHIEF. What military power has the President ? 

PAEDONING POWEE. What is a reprieve? A pardon? To 
what offenses is the President's pardoning power limited? 

FOEEIGN EELATIONS. What are ambassadors? Ministers? 
Consuls? 

TEE AT IE S. How are treaties proposed? Where made? By whom? 
How named? By whom approved? 

FEDEEAL POSITIONS. Name the four methods of filling federal 
positions. What is said concerning messages, special sessions of 
congress, and impeachment? Name the nine departments into which 
the executive work is divided. Give the principal duties of each. 



CHAPTER XXI 
THE FEDERAL JUDICIARY 

Article III. Judicial Department 
Section i. United States Courts 

The judicial power of the United States shall be vested in one 
supreme court, and in such inferior courts as the Congress may from 
time to time ordain and establish. The judges, both of the supreme 
and inferior courts, shall hold their ofi&ces during good behavior, and 
shall, at stated times, receive for their services a compensation which 
shall not be diminished during their continuance in office. 

Section 2. Jurisdiction of the United States Courts, 

1. The judicial power shall extend to all cases, in law and equity, 
arising under this Constitution, the laws of the United States, and 
treaties made, or which shall be made, under their authority; to all 
cases affecting ambassadors, other public ministers and consuls; to 
all cases of admiralty and maritime jurisdiction; to controversies to 
which the United States shall be a party; to controversies between 
two or more states; between a state and citizens of another state; 
between citizens of different states; between citizens of the same state 
claiming lands under grants of different states, and between a state 
or the citizens thereof and foreign states, citizens or subjects. 

Chisholm vs. Georgia. This was a famous case which 
occurred soon after the Constitution went into effect. A 
man named Chisholm, of North Carolina, sued the state 
of Georgia in a United States court. The case was ap- 
pealed to the supreme court in 1793, it being claimed 
that the Constitution did not give the federal courts 
power to try cases in which a state was sued by a citi- 
zen of another state. John Jay was then chief justice 
of the supreme court and the decision was that Mr. Chis- 
holm could bring an action in a federal court. To pre- 

266 



THE FEDERAL JUDICIARY 267 

vent any more cases of this kind the eleventh amend- 
ment to the Constitution was adopted in 1798. 

Amendment XI. The judicial power of the United States shall not 
be construed to extend to any suit in law or equity, commenced or 
prosecuted against one of the United States by citizens of another 
state, or by citizens or subjects of any foreign state. 

Supreme Court. There are nine judges in this court. 
Five must unite in a decision. The jurisdiction of this 
court is given in the Constitution as follows : 

2. In all cases affecting ambassadors, other public ministers and 
consuls, and those in which a state shall be a party, the supreme 
court shall have original jurisdiction. In all the other cases before 
mentioned, the supreme court shall have appellate jurisdiction, both 
as to law and fact, with such exceptions, and under such regulations 
as the Congress shall make. 

Circuit Court of Appeals. To relieve the supreme 
court of many petty cases appealed to it from lower 
United States courts, in 1891 Congress created this 
court to try them. Thus a case involving the patent 
laws may be appealed from a lower United States court 
to the circuit court of appeals instead of to the supreme 
court. This court consists of three judges, two of whom 
are a quorum. The judges may be supreme court jus- 
tices, or circuit court judges, or, in absence of these, 
district court judges. Circuit courts of appeal are held 
in various parts of the United States, from Boston to 
San Francisco. 

Circuit Courts. The United States is divided into nine 
circuits and each of the supreme court justices is sup- 
posed to exercise some supervision over a circuit. South 
Dakota is in the eighth circuit, which embraces Minne- 
sota, Iowa, Missouri, Arkansas, Nebraska, Colorado, 
Kansas, Oklahoma, Utah, Wyoming, and New Mexico, 
besides both Dakotas. There are four circuit judges in 
this circuit. 



268 SOUTH DAKOTA, A REPUBLIC OF FRIENDS 

" The original jurisdiction of the United States circuit 
court is as follows : 

a. Civil actions involving more than $2,000 ; e. g., in 
1903 the state of South Dakota sued the state of North 
Carolina for the recovery of a debt amounting to about 
$29,000. 

b. Cases involving patents, copyrights, etc. ; e. g., if a 
person makes an ironing board like one that is patented 
he is liable to prosecution in this court unless he has per- 
mission to do so from the one who holds the patent. 

c. Capital crimes ; e. g., a murder on an Indian reser- 
vation. 

NOTE. The judges of the circuit court are so busy acting as a circuit 
court of appeals that they do not usually have time to conduct circuit 
court trials. United States district judges, therefore, have to try their 
cases for them. 

The United States circuit court has no appellate juris- 
diction; that is, no cases may be appealed to it. Cases 
tried in the circuit court may be appealed to the circuit 
court of appeals or to the United States supreme court. 

United States District Court. The United States is di- 
vided into districts and each district has a United States 
judge, United States attorney. United States marshal, 
and other officers of the court. South Dakota is one such 
district, the United States district court being held at 
Aberdeen, Pierre, Sioux Falls, and Deadwood. North 
Dakota is one district, Minnesota is divided into two 
districts, Iowa into two, Nebraska is one district, etc. 

All federal cases not named as being tried in the United 
States circuit court may be tried in the district court, 
and owing to the lack of time of circuit judges, circuit 
court cases are usually tried before district judges also. 
The cases before the district court of South Dakota are 
usually those involving crimes committed on Indian 
reservations, and violations of the United States revenue 
laws, postal laws, bankruptcies, etc. 



THE FEDERAL JUDICIARY 269 

The district court, like the circuit court, has no appel- 
late jurisdiction. A case may be appealed from the dis- 
trict court to the circuit court of appeals or to the su- 
preme court of the United States. 

All United States judges are appointed by the Presi- 
dent for life. 

Court Commissioners are appointed by the district 
judge at convenient places and have power to examine 
into accusations and decide whether a person who is ac- 
cused of violating a United States law shall be held for 
trial by the United States district court. 

Special Federal Courts. The court of claims consists 
of five judges and has power to try cases involving claims 
against the United States, not including pensions and a 
few other kinds. The court of commerce consists of five 
judges and tries cases involving interstate commerce. 
The courts of the District of Columbia and of territories 
are also special federal courts having jurisdiction within 
the District or territories. 

3. The trial of all crimes, except in cases of impeacliment, shall 
he by jury; and such trial shall be held in the state where the said 
crimes shall have been committed ; but when not committed within 
any state the trial shall be at such place or places as the Congress may 
by law have directed. 

Section S. Treason. — 1. Treason against the United States shall 
consist only in levying war against them, or in adhering to their 
enemies, giving them aid and comfort. No person shall be convicted 
of treason unless on the testimony of two witnesses to the same overt 
act, or on confession in open court. 

2. The Congress shall have power to declare the punishment of 
treason, but no attainder of treason shall work corrupton of blood or 
forfeiture except during the life of the person attained. 

In 1781 the following amendments to the constitution 
were adopted. All of the provisions apply to United 
States courts but do not apply to state courts: 

Amendment V. No person shall be held to answer for a capital or 
other infamous crime, unless on a presentment or indictment of a 
grand jury, except in cases arising in the land or naval forces, or in 
the militia, when in actual service in time of war or public danger; 



270 SOUTH DAKOTA, A REPUBLIC OF FRIENDS 

nor shall any person be subject for the same offense to be twice put in 
jeopardy of life or limb; nor shall be compelled in any criminal case 
to be a witness against himself, nor be deprived of life, liberty, or 
property, without due process of law; nor shall private property be 
taken for public use without just compensation. 

Amendment VI. In all criminal prosecutions the accused shall 
enjoy the rights to a speedy and public trial, by an impartial jury 
of the state and district wherein the crime shall have been committed, 
which district shall have been previously ascertained by law, and to 
be informed of the nature and cause of the accusation; to be con- 
fronted with the witness against him; to have compulsory process for 
obtaining witnesses in his favor, and to have the assistance of counsel 
for his defense. 

Amendment VII. In suits at common law, where the value in con- 
troversy shall exceed twenty dollars, the right of trial by jury shall 
be preserved, and no fact tried by a jury shall be otherwise reexam- 
ined in any court of the United States than according to the rules of 
the common law. 

Amendment VIII. Excessive bail shall not be required, nor exces- 
sive fines imposed, nor cruel and unusual punishments inflicted. 

QUESTIONS. 

VNITED STATES COUBTS. In what are the judicial powers of 
the United States vested? For how long do the judges serve? 

JUEISDICTION. Name the ten kinds of cases named in the 
constitution which may be tried in United States courts. 

CEEISEOLM VS. GEORGIA. Give an account of this case. 
What amendment was adopted to prevent other individuals from 
suing states in United States courts? 

SUPREME COURT. How many judges? What is the jurisdiction 
of this court? 

CIRCUIT COURT OF APPEALS. How many judges in this 
court? What judges may act in this court? What kinds of cases are 
tried in this court? 

CIRCUIT COURTS. How many circuits in the United States? In 
which circuit is South Dakota? What is the jurisdiction of this 
court? Can a case be appealed to a United States circuit court? 

UNITED STATES DISTRICT COURT. What are the oflScers of 
this court? At what cities in South Dakota does this court hold 
sessions? What cases are usually tried in this court? 

COURT COMMISSIONER. What power has this officer? 

SPECIAL FEDERAL COURTS. What cases are tried in the court 
of commerce? What is said as to jury trials? As to the place of 
trial? 

TREASON. Define treason. How may a person be convicted of 
treason? Name the provisions of articles five, six, seven, and eight 
of the Constitution of the United States. 



CHAPTER XXII 
FINAL PROVISIONS OF CONSTITUTION 

Article IV. The States and the Federal Government. 

Section 1. State Becords. — Full faith and credit shall be given in 
each state to the public acts, records, and judicial proceedings of 
every other state. And the Congress may by general laws prescribe 
the manner in which such acts, records, and proceedings shall be 
proved, and the effect thereof. 

Section 2. Privileges of Citizens, etc. — 1. The citizens of each 
state shall be entitled to all privileges and immunities of citizens in 
the several states. 

2. A person charged in any state with treason, felony, or other 
crime, who shall flee from justice, and be found in another state, 
shall, on demand of the executive authority of the state from which 
he fled, be delivered up, to be removed to the state having jurisdiction 
of the crime. [See Extradition in the Index,] 

3. No person held to service or labor in one state, under the laws 
thereof, escaping into another, shall, in consequence of any law or 
regulation therein, be discharged from such service or labor, but shall 
be delivered up on claim of the party to whom such service or labor 
may be due. [This clause has been canceled by the thirteenth amend- 
ment, which abolished slavery.] 

Section 3. New States and Territories. — 1. New states may be 
admitted by the Congress into this ITnion; but no new state shall be 
formed or erected within the jurisdiction of any other state; nor any 
state be formed by the junction of two or more states or parts of 
states, without the consent of the legislatures of the states concerned 
as well as of the Congress. 

2. The Congress shall have power to dispose of and make all need- 
ful rules and regulations respecting the territory or other property 
belonging to the United States; and nothing in this constitution shall 
be so construed as to prejudice any claims of the United States or of 
any particular state. 

Section 4. Republican Form — Protection. The United States anall 
guarantee to every state in this Union a republican form of govern- 
ment, and shall protect each of them against invasion ; and, on dpplica- 
tion of the legislature, or of the executive (when the 'egislature can- 
not be convened) against domestic violence. 

271 



272 SOUTH DAKOTA, A REPUBLIC OF FRIENDS 

Article V. To Amend the Constitution. 

The Congress, whenever two-thirds of both houses shall deem it 
necessary, shall propose amendments to this constitution, or, on the 
application of the legislatures of two-thirds of the several states, 
shall call a convention for proposing amendments, which, in either 
case, shall be valid to all intents and purposes as part of this con- 
stitution, when ratified by the legislatures of three-fourths of the 
several states, or by conventions in three-fourths thereof, as the one 
or the other mode of ratification may be proposed by the Congress: 
provided, that no amendment which may be made prior to the year 
one thousand eight hundred and eight shall in any manner affect the 
first and fourth clauses in the ninth section of the first article; and 
that no state, without its consent, shall be deprived of its equal suf- 
frage in the Senate. 

Article VI. Debts Validated — Constitution Supreme. 

1. All debts contracted and engagements entered into, before the 
adoption of this constitution, shall be as valid against the United 
States under this constitution as under the Confederation. 

2. This constitution, and the laws of the United States which 
shall be made in pursuance thereof, and all treaties made, or which 
ahall be made, under the authority of the United States, shall be the 
supreme law of the land; and the judges in every state shall be 
bound thereby, anything in the constitution or laws of any state to 
the contrary notwithstanding. 

3. The senators and representatives before mentioned, and the 
members of the several state legislatures, and all executive and judi- 
cial ofiicers, both of the United States and of the several states, shall 
be bound by oath or affirmation to support this constitution; but no 
religious test shall ever be required as a qualification to any office or 
public trust under the United States. 

Article VII. Ratification. 

The ratification of the conventions of nine states shall 
be sufficient for the establishment of this constitution 
between the states so ratifying the same. 

Amendments to the Constitution 

The first ten amendments constitute a bill of rights. 

I. Congress shall make no law respecting an establishment of 
religion, or prohibiting the free exercise thereof; or abridging the 
freedom of speech or of the press; or the right of the people peace- 
ably to assemble, and to petition the government for a redress of 
grievances. 



FINAL PROVISIONS OV CONSTITUTION 273 

II. A well-regulated militia being necessary to the security of a 
free state, the right of the people to keep and bear arms shall not be 
infringed. 

III. No soldier shall, in time of peace, be quartered in any house 
without the consent of the owner, nor in time of war, but in a man- 
ner to be prescribed by law. 

IV. The right of the people to be secure in their persons, houses, 
papers, and effects, against unreasonable searches and seizures, shall 
not be violated, and no warrants shall issue but upon probable cause, 
supported by oath or affirjnation, and particularly describing the place 
to be searched, and the person or things to be seized. 

V-VIII have been given in Chapter XXL 

IX. The enumeration in the constitution of certain rights shall 
not be construed to deny or disparage others retained by the people. 

X. The powers not delegated to the United States by the constitu- 
tion, nor prohibited by it to the states, are reserved to the states 
respectively or to the people. 

XI was given in Chapter XXI. 

XII was given in Chapter XX. 

The next three articles are called the slavery amend- 
ments, XIII giving the slave freedom, XIV giving him 
citizenship, and XV giving him the right to vote. 

XIII. 1. Neither slavery nor involuntary servitude, except as a 
punishment for crime whereof the party shall have been duly con- 
victed, shall exist wilhin the United States or any place subject to 
their jurisdiction. 

2. Congress shall have power to enforce this article by appropriate 
legislation. [Proposed by Congress Feb. 1, 1865, and declared in 
force Dec. 18, 1865.] 

XIV. 1. All persons born or naturalized in the United States, 
and subject to the jurisdiction thereof, are citizens of the United 
States and of the state wherein they reside. No state shall make or 
enforce any law which shall abridge the privileges or immunities of 
citizens of the United States; nor shall any state deprive any person 
of life, liberty, or property, without due process of law; nor deny to 
any person within its jurisdiction the equal protection of the laws. 

2. Eepresentatives shall be apportioned among the several states 
according to their respective numbers, counting the whole number of 
persons in each state, excluding Indians not taxed. But when the 
right to vote at any election for the choice of electors for President 
and Vice-President of the United States, representatives in Congress, 
the executive and judicial officers of a state, or the members of the 
legislature thereof, is denied to any of the male inhabitants of such 
state, being twenty-one years of age, and citizens of the United 
States, or in any way abridged, except for participation in rebellion, 
or other crime, the basis of representation therein shall be reduced 
in the proportion which the number of such male citizens shall bear 



274 SOUTH DAKOTA, A REPUBLIC OF FRIENDS 

to the whole number of male citizens twenty-one years of age in 
such state. 

3. No person shall be a senator or representative in Congress, or 
elector of President and Vice-President, or hold any ofiSlce, civil or 
military, under the United States or under any state, who, having 
previously taken an oath as a member of Congress, or as an officer 
of the United States, or as a member of any state legislature, or as 
an executive or judicial ofiicer of any state, to support the constitu- 
tion of the United States, shall have engaged in insurrection or 
rebellion against the same, or given aid or comfort to the enemies 
thereof. But Congress may, by a vote of two-thirds of each house, 
remove such disability. 

4. The validity of the public debt of tne United States, author- 
ized by law, including debts incurred for payment of pensions and 
bounties for services in suppressing insurrection or rebellion, shall 
not be questioned. But neither the United States nor any state shall 
assume or pay any debt or obligation incurred in aid of insurrection 
or rebellion against the United States, or any claim for the loss or 
emancipation of any slave; but all such debts, obligations, and claims 
shall be held illegal and void. 

5. The Congress shall have power to enforce, by appropriate legis- 
lation, the provisions of this article. [Proposed by Congress June 
16, 1866, and declared in force July 28, 1868.] 

XV. 1. The right of citizens of the United States to vote shall 
not be denied or abridged by the United States, or by any state, on 
account of race, color, or previous condition of servitude. 

2. The Congress shall have power to enforce this article by appro- 
priate legislation. [Proposed by Congress Feb. 26, 1869, and declared 
in force March 30, 1870.] 

QUESTIONS. 

STATE BE COEDS. How must legal transactions in one state be 
tieated in another state? 

PRIVILEGES OF CITIZENS. Explain how a fugitive from jus- 
tice is returned to the place where he committed the crime. 

NEW STATES AND TEEEITOEIES. Who has authority to admit 
states into the Union? Who has power to regulate the territory 
and other property of the United States? 
to ratify the constitution 

EEPUBLICAN FOEM—FEOTECTION. What guaranty must the 
United States afford to every state? In case of invasion, what is the 
duty of the United States? In case of domestic voilence, when may 
the United States restore order? (Note: The United States may 
quell domestic violence when necessary to enforce United States laws, 
even though the governor or legislature does not request it.) 

TO AMEND TEE CONSTITUTION. What are the two methods 
by which amendraents may be proposed? What are the two methods 
by which an aciendment may be ratified? 

DEBTS VALIDATED— CONSTITUTION SUPEEME. What is 
said as to the payment of debts contracted before the adoption of the 



FINAL PROVISIONS OF CONSTITUTION 275 

constitution? "What is the supreme law of the land? "What must be 
included in the oaths taken by all federal and state officers? What 
tests cannot be required of a federal officer? 

RATIFICATION. Hott many of the thirteen states were required 
to ratify the constitution before it went into effect? 

AMENDMENTS. What are the first ten amendments called? 
What are the principal provisions of the first ten amendments? 
Eepeat the thirteenth amendment. Who are citizens of the United 
States? Repeat the fifteenth amendment. 



APPENDIX 

EEFEKENCES. 

Following is a selected list of references to the geology, geography, 

history and government of South Dakota. Most of the publications of 

the United States Geological Survey may be purchased from the 

Department of Documents, AVashington, D. C. 

AEMSTBONG, MOSES iT.— Early Empire Builders of the Northwest, 
1866. 456 pp. Out of print. 

CODES. — Revised codes of 1903, a compilation of all South Dakota 
laws up to that year. See *'code" in Glossary. 

DABTON, N. H. — Preliminary Description of the Geology and Water 
Eesources of the South Half of the Black Hills and Adjoining 
Eegions in South Dakota and Wyoming. IT. S. Geological Sur- 
vey, 21st Ann. Eept., pt. IV, 1901, pp. 489-599, 55 pis., including 
maps. 

DABTON, N. E. — Preliminary Eeport on the Geology and Under- 
ground Water Eesources of the Central Great Plains. U. S. G. S., 
Prof. Paper No. 32, 1905. 433 pp., 72 pis., including maps. 

DABTON, N. H. — Geology and Water Eesources of the Northern 
Portion of the Black Hills and Adjoining Eegions in South 
Dakota and Wyoming. U. S. G. S. Prof. Paper No. 65, 1909. 
105 pp., 24 pis,, including maps. 

DABTON, N. a".— Oeology and Underground Waters of South Dakota. 
U. S. Geol. Surv. Water Supply Paper 227, 1909. 156 pp., 15 
pis., including maps. 

GEOLOGICAL FOLIOS, containing excellent maps and much valu- 
able information, have been published by the U. S. G. S. They 
are named from cities in the area described. The following have 
been published: Aberdeen-Eedfield, Alexandria, Belle Fourche, 
De Smet, Edgemont, Elk Point, Huron, Parker, Oelrichs, and 
Olivet. 

BE ST ON, J. 7F.— Article ''South Dakota" in Eneyclopasdia 
Americana. 

IBVING, J. D., and Others. — Economic Eesources on the Northern 
Black Hills. U. S. G. S. Prof. Paper No. 26, 1904. 222 pp., 
20 pis., including maps. 

JAGGEB, T. J.— The Laccoliths of the Black Hills, U. S. G. S., 21st 
annual report, pt. Ill, 1901, pp. 163-290, 24 pis,, including maps. 

JOHNSON, WILLIS E.— South Dakota Supplement to Frye's Gram- 
mar School Geography. Ginn and Company. 

JOHNSON, WILLIS E.— South Dakota articles in the New Practical 

277 



278 SOUTH DAKOTA, A REPUBLIC OF FRIENDS 

Eeference Library, edition of 1911. Publislied bv Bellows 
Brothers, Chicago. 

O'EAEBA, C. C— The Mineral Wealth of the Black Hills. South 
Dakota School of Mines Bulletin No. 6, 1902. 88 pp., 22 pis. 

O'EAEBA, C. C— The Badland Formations of the Black Hills Re- 
gion. South Dakota School of Mines Bulletin No. 9, 1910. 152 
pp., 50 pis., including map. 

PETEESON, FBANK E.— Atlas of South Dakota. Has many valu- 
able maps and much information on the geography and history 
of the state. 

BOBINSON, DOANE— Brief History of South Dakota. 224 pp. 
American Book Company. 

BOBINSON, DO^A^^.— Department of History Collections, South 

Dakota. Volumes I, II, III, IV, and V. These reports include 

many very valuable essays and papers dealing with the early 

history of this region. 
BOBINSON, DOANE.—Ristorj of South Dakota, revised by E. F. 

Kerr. Educator Supply Company, Mitchell. 
BOSS, J. A. — Civil Government of South Dakota. Educator Supply 

Company, Mitchell. 
SMITE, G. M., and YOUNG, C. M.— History and Government of 

South Dakota, 1898. American Book Company. 
SOUTE DAKOTA GEOLOGICAL SUBVEY.— 

Vol. I, by J. E. Todd, 1894. 172 pp. An excellent summary of 

the geology of the state as then known. Out of print. 
Vol. II, by J. E. Todd, 1898. 139 pp. Contains several short 

papers. 
Vol. Ill, by J. E. Todd and C. C. O'Harra, 1902. 136 pp. De- 
scribes the mineral resources of the state. 
Vol. IV, by several authors, 1908. 229 pp. Includes a report on 

the geology of the Rosebud Reservation by E. C. Perisho, and a 

report on the geology of the northwest-central portion of South 

Dakota by J. E. Todd. 
TALLENT, ANNIE E.— The Black Hills, or Last Hunting Ground 

of the Dakotas. 713 pp. 
TODD, J. E. — South Dakota Supplement to the Natural Advanced 

Geography. American Book Company. 
TODD, J. E.— The Moraines of Southeastern South Dakota and 

Their Attendant Deposits. IJ. S. G. S. Bull. No. 158, 1899. 

171 pp. 
TODD, J. E. — Geology and Water Resources of Southeastern South 

Dakota. U. S. G. S. Water Supply Paper No. 34, 1900. 34 pp. 
TODD, J. E., and EALL, C. M.— Geology and Water Eesources of 

Part of the Lower James *River Valley, South Dakota. U. S. 

G. S. Water Supply and Irrigation Paper No. 90, 1904. 47 pp. 



CONSTITUTION OF SOUTH DAKOTA 

[Adopted by popular vote October 1, 1889.] 

Preamble. 

We, the people of South Dakota, grateful to Almighty God for our 
civil and religious liberties, in order to form a more perfect and 
independent government, establish justice, insure tranquillity, pro- 
vide for the common defense, promote the general welfare and 
preserve to ourselves and to our posterity the blessings of liberty, do 
ordain and establish this constitution for the State of South Dakota. 



AETICLE I. 

Name and Boundary. 

See. 1. The name of the State shall be South Dakota. 

Sec. 2. The boundaries of South Dakota shall be as follows: 
Beginning at the point of intersection of the western boundary line 
of the State of Minnesota with the northern boundary line of the 
State of Iowa, and running thence northerly along the western boun- 
dary line of the State of Minnesota to its intersection with the 7th 
standard parallel; thence west on the liuo of the 7th standard parallel 
produced due west to its intersection with the 27th meridian of 
longitude west from "Washington; thence south on the 27th meridian 
of longitude west from Washington to its intersection with the 
northern boundary line of the State of Nebraska ; thence easterly along 
the northern boundary line of the State of Nebraska to its intersection 
with the western boundary line of the State of Iowa; thence northerly 
along the western boundary line of the State of Iowa to its inter- 
section with the northern boundary line of the State of Iowa ; thence 
east along the northern boundary line of the State of Iowa to the 
place of beginning. 

AETICLE II. 

Division of the Powers of Government. 
The powers of government of the state are divided into three 
distinct departments — the legislative, executive, and judicial; and the 
powers and duties of each are prescribed by this constitution. 

AETICLE III. 

Legislative Department. 
Sec. 1. The legislative power shall be vested in a legislature, 
which shall consist of a senate and houso of representatives, except 
that the people expressly reserve to themselves the right to propose 

279 



280 SOUTH DAKOTA, A REPUBLIC OF FRIENDS 

measures, which measures the legislature shall enact and submit to a 
vote of the electors of the state, and also the right to require that any 
laws which the legislature may have enacted shall be submitted to a 
vote of the electors of the state before going into effect (except such 
laws as may be necessary for the immediate preservation of the public 
peace, health, or safety, support of the state government and its 
existing public institutions). 

Provided, That not more than five par centum of the qualified 
electors of the state shall be required to invoke either the initiative 
or the referendum. 

This section shall not be construed so as to deprive the legislature 
or any member thereof of the right to propose any measure. The 
veto power of the executive shall rot be exercised as to measures 
referred to a vote of the people. This section shall apply to munici- 
palities. The enacting clause of all laws approved by a vote of the 
electors of the state shall be, *'"\'^. it enacted by the people of South 
Dakota. ' ' The legislature shall laake suitable provisions for carrying 
into effect the provisions of this section. 

Sec. 2. The number of members of the house of representatives 
shall not be less than seventy-five, nor more than one hundred and 
thirty-five. The number of members of the senate shall not be 
less than twenty-five, nor more than forty-five. 

The sessions of the legislature shall be biennial, except as otherwise 
provided in this constitution. 

Sec. 3. No person shall be eligible to the offiee of senator who 
is not a qualified elector in the district from which he may be chosen, 
and a citizen of the United States, and who shall not have attained 
the age of twenty-five years, and who shall not have been a resident 
of the state or territory for two years next preceding his election. 

No person shall be eligible to the offiee of representative who is not 
a qualified elector in the district from which he may be chosen, and 
a citizen of the United States, and who shall not have been a resident 
of the state or Territory for two years next preceding his election, 
and who shall not have attained the age of twenty-five years. 

No judge or, clerk of any court, secretary of state, attorney general, 
state's attorney, recorder, sheriff or collector of public moneys, mem- 
ber of either house of congress, or person holding any lucrative office 
under the United States or this state, or any foreign government, 
shall be a member of the legislature ; Provided, that appointments in 
the militia, the offices of notary public and justice of the peace shall 
not be considered lucrative; nor shall any person holding any office 
of honor or profit under any foreign government, or under the 
government of the United States, except postmasters whose annual 
compensation does not exceed the sum of three hundred dollars, hold 
any office in either branch of the legislature or become a member 
thereof. 

Sec. 4. No person who has been, or hereafter shall be, convicted 
of bribery, perjury or other infamous crime, nor any person who 
has been, or may be collector or holder of public moneys who shall 
not have accounted for and paid over, according to law, all such 
moneys due from him, shall be eligible to the legislature or to any 
office in either branch thereof. 

Sec. 5. The legislature shall provide by law for the enumeration 



APPENDIX 281 

of the inhabitants of the state in the year one thousand eight hun- 
dred and ninety-five and every ten years thereafter, and at its first 
regular session after each enumeration and also after each enumera- 
tion made by authority of the United States, but at no other time, 
the legislature shall apportion the senators and representatives accord- 
ing to the number of inhabitants, excluding Indians not taxed, and 
soldiers and of&cers of the United States army and navy; Provided, 
that the legislature may make an apportionment at its first session 
after the admission of South Dakota as a state. 

Sec. 6. The terms of the office of the members of the legislature 
shall be two years; they shall receive for their services the sum of 
five dollars for each day's attendance during the session of the 
legislature, and ten cents for every mile of necessary travel in going 
to and returning from the place of meeting of the legislature on the 
most usual route. 

Each regular session of the legislature shall not exceed sixty days, 
except in case of impeachment, and members of the legislature shall 
receive no other pay or perquisites except per diem and mileage. 

Sec. 7. The legislature shall meet at the seat of government on 
the first Tuesday after the first Monday of January at 12 o'clock '^'.., 
in the year next ensuing the election of members thereof, and at no 
other time except as provided by this constitution. 

Sec. 8. Members of the legislature and officers thereof, before 
they enter upon their official duties, shall take and subscribe the 
following oath or affirmation: ''I do solemnly sv/ear (or affirm) 
that I will support the constitution of the United States and the con- 
stitution of the state of South Dakota, and will faithfully discharge 
the duties of (senator, representative or officer) according to the best 
of my abilities, and that I have not knowingly or intentionally paid 
or contributed anything, or made any promise in the nature of a 
bribe, to directly or indirectly influence any vote at the election at 
which I was chosen to fill said office, and have not accepted nor will 
I accept or receive, directly or indirectly, any money, pass, or any 
other valuable thing, from any corporation, company, or person for 
any vote or influence I may give or withhold on any bill or resolu- 
tion, or appropriation, or for any other official act." 

This oath shall be administered by a judge of the supreme or circuit 
court, or the presiding officer of either house in the hall of the house 
to which the member or officer is elected, and the secretary of state 
shall record and file the oath subscribed by each member and officer. 
Any member or officer of the legislature who shall refuse to take the 
oath herein prescribed shall forfeit his office. Any member or officer 
of the legislature who shall be convicted of having sworn falsely to, 
or violated his said oath, shall forfeit his office and be disqualified 
thereafter from holding the office of senator or member of the house 
of representatives or any office within the gift of the legislature. 

Sec. 9. Each house shall be the judge of the election returns and 
qualifications of its own members. 

A majority of the members of each house shall constitute a quorum, 
but a smaller number may adjourn from day to day, and may compel 
the attendance of absent members in such manner and under such 
penalty as each house may provide. 



283 SOUTH DAKOTA, A REPUBLIC OF FRIENDS 

Eacli house shall determine the rules of its proceedings, shall cnoose 
its own oflficers and employes and fix the pay thereof, except as other- 
wise provided in this constitution. 

Sec. 10. The governor shall issue writs of election to fill such 
vacancies as may occur in either house of the legislature. 

Sec. 11. Senators and representatives shall in all cases, except 
treason, felony, or breach of peace, be privileged from arrest during 
the session of the legislature, and in going to and returning from the 
same ; and for words used in any speech or debate in either house they 
shall not be questioned in any other place. 

Sec. 12. No member of the legislature shall, during the term 
for which he was elected, be appointed or elected to any civil office in 
the state which shall have been created or the emoluments of which 
shall have been increased during the term for which he was elected, 
nor shall any member receive any civil appointment from the gov- 
ernor, the governor and senate, or from the legislature during the 
term for which he shall have been elected, and all such appointments 
and all votes given for any such members for any such office or 
appointment shall be void; nor shall any member of the legislature 
during the term for which he shall have been elected, or within one 
year thereafter, be interested, directly or indirectly, in any contract 
with the state or any county thereof, authorized by any law passed 
during the term for which he shall have been elected. 

Sec. 13. Each house shall keep a journal of its proceedings and 
publish the same from time to time, except such parts as require 
secrecy, and the yeas and nays of members on any question shall be 
taken at the desire of one-sixth of those present and entered upon the 
journal. 

Sec. 14. In all elections to be made by the legislature the mem- 
bers thereof shall vote viva voce and their votes shall be entered in 
the journal. 

Sec. 15. The sessions of each house and of the committee of the 
whole shall be open, unless when the business is such as ought to be 
kept secret. 

Sec. 16. Neither house shall, without the consent of the other, 
adjourn for more than three days, nor to any other place than that 
in which the two houses shall be sitting. 

Sec. 17. Every bill shall be read three several times, but the first 
and second readings may be on the same day, and the second reading 
may be by title of the bill, unless the reading at length be demanded. 
The first and third readings shall be at length. 

Sec. 18. The enacting clause of a law shall be: "Be it enacted 
by the legislature of the state of South Dakota, ' ' and no law shall be 
passed unless by assent of a majority of all the members elected to 
each house of the legislature. And the question upon the final passage 
shall be taken upon its last reading, and the yeas and nays shall be 
entered upon the journal. 

Sec. 19. The presiding officer of each house shall, in the presence 
of the house over which he presides, sign all bills and joint resolutions 
passed by the legislature, after their titles have been publicly read 
immediately before signing, and the fact of signing shall be entered 
upon the journal. 



APPENDIX 283 

Sec. 20. Any bill may originate in either house of the legislature, 
and a bill passed by one house may be amended in the other. 

Sec. 21. No law shall embrace more than one subject, which shall 
be expressed in its title. 

Sec. 22. No act shall take effect until ninety days after the 
adjournment of the session at which it passed, unless in case of 
emergency (^to be expressed in the preamble or body of the act) the 
legislature shall, by vote of two-thirds of all the members elected to 
each house, otherwise direct. 

Sec. 23. The legislature is prohibited from enacting any private or 
special laws in the following cases: 

1. Granting divorces. 

2. Changing the name of persons or places, or constituting one 
person the heir at law of another. 

3. Locating or changing county seats. 

4. Eegulating county and township affairs. 

5. Incorporating cities, towns, and villages; or changing or amend- 
ing the charter of any town, city, or village; or laying out, opening, 
vacating, or altering town plats, streets, wards, alleys, and public 
ground. 

6. Providing for sale or mortgage of real estate belonging to 
minors or others under disability. 

7. Authorizing persons to keep ferries across streams wholly within 
the state. 

8. Eemitting fines, penalties, or forfeitures. 

9. Granting to an individual, association, or corporation any special 
or exclusive privilege, immunity, or franchise whatever. 

10. Providing for the management ol common schools. 

11. Creating, increasing, or decreasing fees, percentages, or allow- 
ances of public officers during the term for which said officers are 
elected or appointed. 

But the legislature may repeal any existing special law relating to 
the foregoing subdivisions. 

In all other cases where a general law can be applicable, no special 
law shall be enacted. 

Sec. 24. The legislature shall have no power to relense or extin- 
guish, in whole or in part, the indebtedness, liability, or obligation of 
any corporation or individual to this state or to any municipal cor- 
poration therein. 

Sec. 25. The legislature shall not authorize any game of chance, 
lottery, or gift enterprise, under any pretense or for any purpose 
whatever. 

Sec. 26. The legislature shall not delegate to any special commis- 
sion, private corporation, or association any power to make, supervise, 
or interfere with any municipal improvement, money, property, or 
effects, whether held in trust or otherwise, or levy taxes, or to select a 
capital site, or to perform any municipal functions whatever. 

Sec. 27. The legislature shall direct by law in what manner and 
in what courts suits may be brought against the state. 

Sec. 28. Any person who shall give, demand, offer directly or 
indirectly, any money, testimonial, privilege, or personal advantage, 
thing of value to any executive or judicial officer or member of the 



284 SOUTH DAKOTA, A REPUBLIC OF FRIENDS 

legislature, to influence him in the performance of any of his official 
or public duties, shall be guilty of bribery and shall be punished in 
such manner as shall be provided by law. 

The offense of corrupt solicitation of members of the legislature or 
of public officers of the state, or any municipal divisioei thereof, and 
any effort toward solicitation of said members of the legislature or 
officers to influence their official action shall be defined by law, and 
shall be punishable by fine and imprisonment. 

Any person may be compelled to testify in investigation or judicial 
proceedings against any person charged with having committed any 
offense of bribery or corrupt solicitation, and shall not be permitted 
to withhold his testimony upon the ground that it may criminate 
himself, but said testimony shall not afterwards be used against him 
in any judicial proceedings except for bribery in giving such testi- 
mony, and any person convicted of either of the offenses aforesaid 
shall be disqualified from holding any office or position or office of 
trust or profit in this state. 

ARTICLE IV. 

Executive Department. 

See. 1. The executive power shall be vested in a governor, who 
shall hold bis office for two years. A lieutenant governor shall be 
elected at the same time and for the same term. 

Sec. 2. No person shall be eligible to the office of governor or 
lieutenant governor except a citizen of the United States and a 
qualified elector of the state; who shall have attained the age of 
thirty years, and who shall have resided two years next preceding the 
election within the state or territory, nor shall he be eligible to any 
other office during the term for which he shall have been elected. 

Sec. 3. The governor and lieutenant governor shall be elected by 
the qualified electors of the state at the time and place? of choosing 
memlDers of the legislature. The persons respectively having the 
highest number of votes for governor and lieutenant governor shall be 
elected; but if two or more shall have an equal and highest number 
of votes for governor or lieutenant governor, the two houses of the 
legislature, at its next regular session, shall forthwith by joint ballot 
choose one of such persons for said office. The returns of the election 
for governor and lieutenant governor shall be made in such manner as 
shall be prescribed by law. 

Sec. 4. The governor shall be commander-in-chief of the military 
and naval forces of the state, except when they shall be called into 
the service of the United States, and may call out the same to execute 
laws, suppress insurrection and repel invasion. He shall have power 
to convene the legislature on extraordinary occasions. He shall, at 
the commencement of each session, communicate to the legislature by 
message information of the condition of the state, and shall recom- 
mend such measures as he shall deem expedient. He shall transact all 
necessary business with the officers of the government, civil and 
military. He shall expedite all such measures as may be resolved upon 
by the legislature, and shall take care that the laws be faithfully 
executed. 

Sec. 5. The governor shall have power to remit fines and for- 



APPENDIX 285 

feitures, to grant reprieves, commutations and pardons after con- 
viction, for all offenses except treason and cases of impeachment; 
Provided, that in all cases v\-here the sentence of the court is capital 
punishment, imprisonment for life, or for a longer term than two 
years, or a fine exceeding tvro hundred dollars, no pardon shall be 
granted, sentence commuted, or fine remitted, except upon the recom- 
mendation in writing of a board of pardons consisting of the pre- 
siding judge, secretary of state, and attorney general, after full 
hearing in open session, and such recommendation, with the reasons 
therefor, shall be filed in the office of the secretary of state; but the 
legislature may by law in all cases regulate the manner in which the 
remission of fines, pardons, commutations, and reprieves may be 
applied for. Upon conviction for treason he shall have the power to 
suspend the execution of the sentence until the case shall be reported 
to the legislature at its next regular session, when the legislature 
shall either pardon or commute the sentence, direct the execution of 
the sentence, or grant a further reprieve. He shall communicate to 
the legislature at each regular session each case of remission of 
fine, reprieve, commutation, or pardon granted by him in the cases 
in which he is authorized to act without the recommendation of the 
said board of pardons, stating the name of the convict, the crime of 
which he is convicted, the sentence and its date, and the date of the 
remission, commutation, pardon, or reprieve, with his reasons for 
granting the same. 

See, 6. In case of death, impeachment, resignation, failure to 
qualify, absence from the state, removal from office or other dis- 
ability of the governor, the powers and duties of the office for the 
residue of the term, or until he shall be acquitted, or the disability 
removed, shall devolve upon the lieutenant governor. 

Sec. 7. The lieutenant governor shall be president of the senate, 
but shall have only a casting vote therein. If during a vacancy 
in the office of governor the lieutenant governor shall be impeached, 
displaced, resign, or die, or from mental or physical disease, or 
otherwise, become incapable of performing the duties of his office, 
the secretary of state shall act as governor until the vacancy shall 
be filled or the disability removed. 

See. 8. When any office shall, from any cause, become vacant and 
no mode is provided by the constitution or law for filling such 
vacancy, the governor shall have power to fill such vacancy by 
appointment. 

Sec. 9. Every bill which shall have passed the legislature, shall, 
before it becomes a law, be presented to the governor. If he 
approves, he shall sign it; but if not, lie shall return it, with his 
objection, to the house in which it originated, which shall enter the 
objection at large uDon the journal n.nd proceed to reconsider it. 
If, after such reconsideration, two-thirds of the members shall agree 
to pass the bill, it shall be sent, together with the objection, to the 
other house, by which it shall likewise be reconsidered, and if it be 
approved by two-thirds of the members present shall become a law, 
but in all such cases the vote of both houses shall be determined by 
the yeas and nays, and Ihe names of the members voting for and 
against the bill shall be entered upon the journal of each house 
respectively. If any bill shall not be returned by the governor withiu 



286 SOUTH DAKOTA, A REPUBLIC OF FRIENDS 

three days (Sundays excepted) after it shall have been presented to 
him, the same shall be a law, unless the legislature shall, by its 
adjournment, prevent its return, in whi-ih case it shall be filed, with 
his objection, in the office of the secretary of state within ten days 
after such adjournment, or become a law. 

Sec. 10. The governor shall have power to disapprove of any 
item or items of any bill making appropriations of money embracing 
distinct items, and the part or parts of the bill approved sh^ll be 
law, and the item or items disapproved shall be void, unless enacted 
in the following manner: If the legislature be in session, he shall 
transmit to the house in which the bill originated a copy of the 
item or items thereof disapproved, together with his objections there- 
to, and the items objected to shall be separately reconsidered, and 
each item shall then take the same course as is prescribed for the 
passage of bills over the executive veto. 

Sec. 11. Any governor of this state who asks, receives, or agrees 
to receive any bribe upon any understanding that his official opinion, 
judgment, or action shall be influenced thereby, or who gives or 
offers or promises his official influence in consideration that any 
member of the legislature shall give his official vote or influence on 
any particular side of any question or matter upon which he may 
be required to act in his official capacity, or v;ho menaces any 
member by threatened use of his veto power, or who offers or 
promises any member that he, the said governor, will appoint any 
particular person or persons to any office created or thereafter to be 
created in consideration that any member shall give his official vote 
or influence on any matter pending jr thereafter to be introduced 
into either house of said legislature, or who threatens any member 
that he, the said governor, will remove any person or persons from 
any office or position with intent to in any manner influence the 
official action of said member, shall be punished in :he manner now or 
that may hereafter be provided by law, and upon conviction thereof 
shall forfeit all right to hold or exercise any office of trust or honor 
in the state. 

Sec. 12, There shall be chosen by the qualified electors of the 
state, at the time and places of choosing members of the legislature, 
a secretary of state, auditor, treasurer, superintendent of public 
instruction, commissioner of school and public lands, and an 
attorney general, who shall severally hold their offices for the 
term of two years, but no person shall be eligible to Ihe office of 
treasurer for more than two terms consecutively. TThey Ishall 
respectively keep their offices at the seat of government. 

Sec. 13. The powers and duties of the secretary of state, auditor, 
treasurer, superintendent of public instruction, commissioner of school 
and public lands, and attorney general shall be as prescribed by law. 

AETICLE V. 

Judicial Department. 
Sec. 1. The judicial powers of the state, except as in this con- 
stitution otherwise provided, shall be vested in a supreme court, 
circuit courts, county courts, and justices of the peace, and such 



APPENDIX 287 

other courts as may be created by law for cities and incorporated 
towns. 

Sec. 2. The supreme court, except as otherwise provided in this 
constitution, shall have appellate jurisdiction only, vv^hich shall be 
co-extensive with the state, and shall have a general superintending 
control over all inferior courts under such regulations and limitations 
as may be prescribed by law. 

Sec. 3. The supreme court and the judges thereof shall have 
power to issue writs of habeas corpus. The supreme court shall also 
have power to issue writs of mandamus, quo warranto, certiorari, 
injunction, and other original and remedial writs, with authority to 
hear and determine the same in such cases and under such regula- 
tions as may be prescribed by law; Provided, Jiowever, that no jury 
trials shall be allowed in said supreme court, but in proper cases ques- 
tions of fact may be sent by said court to a circuit court for trial 
before a jury. 

Sec. 4. At least two terms of the supreme court shall be held 
each year at the seat of government. 

Sec, 5. The supreme court shall consist of three judges, to be 
chosen from districts by qualified electors of the state at large, as 
hereinafter provided. 

Sec. 6. The number of said judges and districts may, after five 
years from the admission of this state under this constitution, be 
increased by law to not exceeding five. 

Sec. 7. A majority of the judges of the supreme court shall be 
necessary to form a quorum, or to pronounce a decision, but one or 
more of said judges may adjourn the court from day to day, or to a 
day certain. 

Sec. 8. The term of the judges of the supreme court who shall 
be elected at the first election under this constitution shall be four 
years. At all subsequent elections the term of said judges shall be 
six years. 

Sec. 9. The judges of the supreme court shall by rule select from 
their number a presiding judge, who shall act as such for the term 
prescribed by such rule. 

Sec. 10. No person shall be eligible to the oflEiee of judge of 
the supreme court unless he be learned in the law, be at least thirty 
years of age, a citizen of the United States, nor unless he shall have 
resided in this state or territory at least two years next preceding 
his election, and at the time of his election be a resident of the dis- 
trict from which he is elected; but for the purpose of re-election 
no such judge shall be deemed to have lost his residence in the dis- 
trict by reason of his removal to the seat of government in the 
discharge of his official duties. 

Sec. 12. There shall be a clerk and also a reporter of the 
supreme court, w^ho shall be appointed by the judges thereof and 
who shall hold office during the pleasure of said judges, and whose 
duties and emoluments shall be prescribed by law, and by the rules of 
the supreme court not inconsistent with law. The legislature shall 
make provision for the publication and distribution of the decisions 
of the supreme court, and for the sale of the published volumes 
thereof. No private person or corporation shall be allowed to 



288 SOUTH DAKOTA, A REPUBLIC OF FRIENDS 

secure any copyright to such decisions, but if any copyrights are 
secured they shall inure wholly to the benefit of the state. 

Sec. 13. The governor shall have authority to require the opinions 
of the judges of the supreme court upon important questions of law 
involved in the exercise of his executive powers and upon solemn 
occasions. 

Circuit Courts. 

Sec. 14. The circuit courts shall have original jurisdiction of all 
actions and causes, both at law and in equity, and such appellate 
jurisdiction as may be conferred by law and consistent with the 
constitution; such jurisdiction as to value and amount and grade of 
offense may be limited by law. They and the judges thereof shall 
also have jurisdiction and power to issue writs of habeas corpus, 
mandamus, quo warranto, certiorari, injunction and other original 
and remedial writs, with authority to hear and determine the same. 

Sec. 15. The state shall be divided into judicial circuits, in each 
of which there shall be elected by the electors thereof one judge 
of the circuit court therein, whose term of office shall be four years. 

Sec. 17. The legislature may, whenever two-thirds of the mem- 
bers of each house shall concur therein, increase the number of 
judicial circuits and the judges thereof, and divide the state into 
judicial circuits accordingly, taking care that they be formed of 
compact territory and be bounded by county lines; but such increase 
of number or change in the boundaries of districts shall not work the 
removal of any judge from his office during the term for which he 
shall have been elected or appointed. 

Sec. 18. Writs of error and appeals may be allowed from the 
decisions of the circuit courts to the supreme court under such 
regulations as may be prescribed by law. 
County Courts. 

Sec. 19. There shall be elected in each organized county a county 
judge, who shall be judge of the county court of said county, whose 
term of office shall be two years until otherwise provided by law. 

Sec. 20. County courts shall be courts of record and shall have 
original jurisdiction in all matters of probate, guardianship, and 
settlement of estates of deceased persons, and such other civil and 
criminal jurisdiction as may be conferred by law; Provided, that such 
courts shall not have jurisdiction in any case where the debt, damage, 
claim, or value of property involved shall exceed one thousand dollars 
except in matters of probate, guardianship, and the estates of de- 
ceased persons. Writs of error and appeal may be allowed from 
county to circuit courts, or to the supreme court, in such cases and in 
such manner as may be prescribed by law; Provided, that no appeal 
or writ of error shall be allowed to the circuit court from any 
judgment rendered upon an appeal from a justice of the peace or 
police magistrate for cities or towns. 

Sec. 21. The county court shall not have jurisdiction in cases of 
felony, nor shall criminal cases therein be prosecuted by indictment; 
but they may have such jurisdiction in criminal matters, not of the 
grade of felony, as the legislature may prescribe, and the prosecutions 
therein may be by information or otherwise as the legislature may 
provide. 



APPENDIX 289 

Justice of the Peace. 

See. 22. Justices of the peace shall have such jurisdiction as may 
be conferred by law, but they shall not have jurisdiction of any 
cause wherein the value of the property or the amount in contro- 
versy exceeds the sum of one hundred dollars or where the boun- 
daries or title to real property shall be called in question. 

Sec. 23. The legislature shall have power to provide for creating 
such police magistrates for cities and towns as may be deemed from 
time to time necessary, who shall have jurisdiction of all cases 
arising under the ordinances of such cities and towns respectively 
and such police magistrates may also be constituted ex-officio justices 
of the peace for their respective counties. 

Municipal Courts. 
In cities having a population of five thousand or over, the legis- 
lature may provide, in lieu of police magistrates, for municipal courts, 
the judges whereof shall be chosen in such manner as the legislature 
shall prescribe, which courts shall have exclusive original jurisdiction 
of all cases, both civil and criminal, cognizable before a justice of 
the peace under the laws of the state, and in which process shall be 
served within the city where such court is established, and shall also 
have exclusive original jurisdiction of all cases arising under the 
ordinance of such city. Such court shall also have jurisdiction co- 
extensive with the county in which such city :s situated, in such civil 
and criminal cases as may be provided by law. 

State's Attorney. 
Sec. 24. The legislature shall have power to provide for state 's 
attorneys and to prescribe their duties and fix their compensations; 
but no person shall be eligible to the office of attorney general or 
state's attorney who shall not at the time of his election be at least 
twenty-five years of age, and possess all the other qualifications for 
judges of circuit courts as prescribed in this article. 

Miscellaneous. 

Sec. 25. No person shall be eligible to the ofiice of judge of the 
circuit or county court unless he be learned in the law, be at least 
twenty-five years of age, and a citizen of the United States; nor 
unless he shall have resided in this state or territory at least one 
year next preceding his election, and at the time of his election 
be a resident of the county or circuit, as the ease may be, for which 
he is elected. 

Sec. 26. The judges of the supreme court, circuit courts, and 
county courts shall be chosen at the first election held under the 
provisions of this constitution, and thereafter as provided by law, 
and the legislature may provide for the election of such officers on a 
different day from that on which an election is held for any other 
purpose, and may for the purpose of making such provision extend 
or abridge the term of ofiice for any of such judges then holding, but 
not in any case more than six months. The term of office of all 
judges of circuit courts, elected in the severnl judicial circuits 
throughout the state, shall expire on the same day. 

Sec. 27. The time of holding courts within said judicial circuits 



290 SOUTH DAKOTA, A REPUBLIC OF FRIENDS 

and counties shall be as provided bj law; but at least one term of 
the circuit court shall be held annually m each organized county, and 
the legislature shall make provision for attaching unorganized coun- 
ties or territory to organized counties for judicial purposes. 

Sec. 28. Special terms of said court may be held under such 
regulations as may be provided by law. 

Sec. 29. The judges of the circuit courts may hold court in 
other circuits than their own under such regulations as may be pre- 
scribed by law. 

Sec. 30. The judges of the supreme court, circuit courts and 
county courts shall receive such salary as may be provided by law, 
consistent with this constitution, and no such judge shall receive any 
compensation, perquisite, or emoluments for or on account of his 
oflfice in any form whatever, except such salary; Provided, that county 
judges may accept and receive such fees as may be allowed under the 
land laws of the United States. 

Sec. 31. No judge of the supreme court or circuit court shall act 
as attorney or eounsellor-at-law, nor shall any county judge act as 
attorney or counsellor-at-law in any case which is or may be brought 
into his court, or which may be appealed therefrom. 

Sec. 32. There shall be a clerk of the circuit court in each organ- 
ized county, who shall also be clerk of the county court; and who 
shall be elected by the qualified electors of such county. The duties 
and compensation of said clerk shall be as provided by law and regu- 
lated by the rules of the court consistent with the provisions of law. 

Sec. 33. Until the legislature shall provide by law for fixing the 
terms of court, the judges of the supreme, circuit, and county courts 
respectively shall fix the terms thereof. 

Sec. 34. All laws relating to courts shall be general and of uniform 
operation throughout the state, and the organization, jurisdiction, 
power, proceedings, and practice of all the courts of the same class 
or grade, so far as regulated by law, and the force and effect of the 
proceedings, judgments and decrees of such courts severally shall 
be uniform; Provided, however, That the legislature may classify 
the county courts according to the population of the respective coun- 
ties and fix the jurisdiction and salary of the judges thereof accord- 
ingly. 

Sec. 35. No judge of the supreme or circuit courts shall be 
elected to any other than a judicial office or be eligible thereto, during 
the term for which he was elected such judge. All votes for either 
of them during such terms for any elective office, except that of 
judge of the supreme court, circuit court or county court, given by the 
legislature or the people shall be void. 

Sec. 36. All judges or other officers of the supreme, circuit or 
county courts, provided for in this article, shall hold their offices until 
their successors respectively are elected or appointed and qualified. 

Sec. 37. All officers provided for in this article shall respectively 
reside in the district, county, precinct, city or town for which they 
may be elected or appointed. Vacancies in the elective offices pro- 
vided for in this article shall be filled by appointment until the 
next general election as follows: All judges of the supreme, circuit 
and county courts by the governor. All other judicial and other 



APPENDIX 291 

offices, by the county board of the counties -where the vacancy occurs ; 
in cases of police magistrates, by the municipality. 

Sec. 38. All process shall run in the name of the '^ State of 
South Dakota, ' ' All prosecutions shall be carried on in the name 
of, and by authority of the ' ' State of South Dakota. ' ' 

ARTICLE VI. 
Bill of Eights. 

Sec. 1. All men are born equally free and independent, and have 
certain inherent rights, among which are those of enjoying and 
defending life and liberty; of acquiring and protecting property 
and the pursuit of happiness. To secure these rights, governments 
are instituted among men, deriving their just powers from the consent 
of the governed. 

Sec. 2. No person shall be deprived of life, liberty or property 
without due process of law. 

Sec. 3. The right to worship God according to the dictates of 
conscience shall never be infringed. No person shall be denied any 
civil or political right, privilege or position on account of his religious 
opinions, but the liberty of conscience hereby secured shall not be 
so construed as to excuse licentiousness, the invasion of the rights 
of others, or justify practices inconsistent with the peace or safety 
of the state. 

No person shall be compelled to attend or support any minister 
or place of worship against his consent, nor shall any preference be 
given by law to any religious establishment or mode of worship. No 
money or property of the state shall be given or appropriated for the 
benefit of any sectarian or religious society or institution. 

Sec. 4. The right of petition and of the people peaceably to 
assemble to consult for the common good and make known their 
opinion shall never be abridged. 

Sec. 5. Every person may freely speak, write and publish on all 
subjects, being responsible for the abuse of that right. In all trials 
for libel, both civil and criminal, the truth, when published with 
good motives and for justifiable ends, shall be sufficient defense. 
The jury shall have the right to determine the fact and the law 
under the direction of the court. 

Sec. 6. The right of trial by jury shall remain inviolate, and 
shall extend to all cases at law w^ithout regard to the amount in 
controversy, but the legislature may provide for a jury of less than 
twelve in any court not a court of record, and for the decision of 
civil cases by three-fourths vote of the jury in any court. 

Sec. 7. In all criminal prosecutions the accused shall have the 
right to defend in person and by counsel; to demand the nature and 
cause of the accusation against him ; to have a copy thereof ; to meet 
the witnesses against him face to face; to have compulsory process 
served for obtaining witnesses in his behalf, and to a speedy public 
trial by an impartial jury of the county or district in which the 
offense is alleged to have been committed. 

Sec. 8. All persons shall be bailable by sufficient sureties, except 
for capital offenses when proof is evident or presumption great. 
The privilege of the writ of habeas corpus shall not be suspended un- 



292 SOUTH DAKOTA, A REPUBLIC OF FRIENDS 

less, when in case of rebellion or invasion, the public safety may 
require it. 

Sec. 9. No person shall be compelled in any criminal case to give 
evidence against himself or be twice put in jeopardy for the same 
offense. 

Sec. 10. No person shall be held for a criminal offense unless on 
the presentment or indictment of the grand jury, or information of 
the public prosecutor, except in cases of impeachment, in cases 
cognizable by county courts, by justices of the peace, and in cases 
arising in the army and navy, or in the militia, when in actual 
service in time of war or public danger; Provided, that the grand 
jury may be modified or abolished by law. 

Sec. 11. The right of the people to be secure in their persons, 
houses, papers and effects, against unreasonable searches and seizures, 
shall not be violated, and no warrant shall issue but upon probable 
cause supported by affidavit, particularly describing the place to be 
searched, and the person or thing to be seized. 

Sec. 12. No ex-post-facto law, or law impairing the obligation of 
contracts or making any irrevocable grant or privilege, franchise or 
immunity shall be passed. 

Sec. 13. Private property shall not be taken for public use, or 
damaged, without just compensation as determined by jury, which 
shall be paid as soon as it can be ascertained and before possession 
is taken. No benefit which may accrue to the owner as the result 
of an improvement made by any private corporation shall be con- 
sidered in fixing the compensation for property taken or damaged. 
The fee of land taken for railroad tracks or other highways shall 
remain in such owners, subject to the use for which it is taken. 

Sec. 14. No distinction shall ever be made by law between resi- 
dent aliens and citizens in reference to the possession, enjoyment or 
descent of property. 

Sec. 15. No person shall be imprisoned for debt arising out of or 
founded upon a contract. 

Sec. 16. The military shall be in strict subordination to the civil 
power. No soldier in time of peace shall be quartered in any house, 
without consent of the owner, nor in time of war except in the 
manner prescribed by law. 

Sec. 17. No tax or duty shall be imposed without the consent of 
the people or their representatives in the legislature, and all taxation 
shall be equal and uniform. 

Sec. 18. No law shall be passed granting to any citizen, class of 
citizens or corporation, privileges or immunities which upon the same 
terms shall not equally belong to all citizens or corporations. 

Sec. 19. Elections shall be free and equal, and no power, civil or 
military, shall at any time interfere to prevent the free exercise of 
the right of suffrage. Soldiers in time of war may vote at their post 
of duty in or out of the state under regulations to 'be prescribed by 
the legislature. 

Sec. 20. All courts shall be open; and every man, for an injury 
done him in his property, person or reputation, shall have remedy by 
due course of law, and right and justice administered without denial 
or delay. 



APPENDIX 293 

See. 21. No power of suspending laws shall be exercised, unless 
by the legislature or its authority. 

See. 22. No person shall be attainted of treason or felony by the 
legislature. 

Sec. 23. Excessive bail shall not be required, excessive fines im- 
posed, nor cruel punishment inflicted. 

See. 24. The right of citizenship to bear arms in defense of them- 
selves and the state shall not be denied. 

Sec, 25. Treason against the state shall consist only in levying 
war against it, or in adhering to its enemies, or in giving them aid 
and comfort. No person shall be convicted of treason unless on 
the testimony of two witnesses to the same overt act, or confession 
in open court. 

Sec. 26. All political power is inherent in the people, and all free 
government is founded on their authority and is instituted for their 
equal protection and benefit, and they have the right in lawful and 
constituted methods to alter or reform their forms of government 
in such manner as they may think proper. And the state of South 
Dakota is an inseparable part of the American Union, and the con- 
stitution of the United States is the supreme law of the land. 

Sec. 27. The blessings of a free government can only be main- 
tained by a firm adherence to justice, moderation, temperance, fru- 
gality and virtue, and By frequent recurrence to fundamental prin- 
ciples. 

AETICLE YII. 

Elections and Eight of Suffrage. 

See. 1, Every male person resident of this state who shall be of 
the age of twenty-one years and upward not otherwise disqualified, 
belonging to either of the following classes, who shall be a qualified 
elector under the laws of the territory of Dakota at the date of 
the ratification of this constitution by the people, or who shall have 
resided in the United States one year, in the state six months, in 
the county thirty days, and in the election precinct where he offers 
his vote ten days next preceding any election, shall be deemed a quali- 
fied elector at such election : 

First. Citizens of the United States. 

Second. Persons of foreign birth who shall have declared their 
intention to become citizens conformably to the laws of the United 
States upon the subject of naturalization. 

Sec. 3. All votes shall be by ballot, but the legislature may 
provide for numbering ballots for the purpose of preventing and 
detecting fraud. 

See. 4. All general elections shall be biennial. 

Sec. 5. Electors shall in all cases except treason, felony or breach 
of the peace, be privileged from arrest during their attendance at 
elections and in going to and returning from the same. And no 
elector shall be obliged to do military duty on the days of elections 
except in the time of war or public danger. 

Sec. 6, No elector shall be deemed to have lost his residence in 
this state by reason of his absence on business of the United States 
or of this state, or in the military or naval service of the United 
States. 



294 SOUTH DAKOTA, A REPUBLIC OF FRIENDS 

See. 7. No soldier, seaman or marine in the army or navy of the 
United States shall be deemed a resident of this state in consequence 
of being stationed therein. 

See. 8. No person under guardianship, non compos mentis or insane, 
shall be qualified to vote at any election, nor shall any person con- 
victed of treason or felony be qualified to vote at any election unless 
restored to civil rights. 

Sec. 9. Any woman having the qualifications enumerated in Sec- 
tion 1, of this Article, as to age, residence and citizenship, and in- 
cluding those now qualified by the laws of the territory, may vote at 
any election held solely for school purposes, and may hold any office 
in this state except as otherwise provided in this constitution. 

AETICLE VIII. 
Education and School Lands. 

See. 1. The stability of a republican form of government depend- 
ing on the morality and intelligence of the people, it shall be the 
duty of the legislature to establish and maintain a general and 
uniform system of public schools, wherein tuition shall be without 
charge, and equally open to all, and to adopt all suitable means to 
secure to the people the advantages and opportunities of education. 

See. 2, All proceeds of the sale of public lands that have here- 
tofore been or may hereafter be given by the United States for the 
use of public schools in the state; all such per centum as may be 
granted by the United States on the sales of public lands; the 
proceeds of all property that shall fall to the state by escheat; the 
proceeds of all gifts or donations to the state for public schools or 
not otherwise appropriated by the terms of the gift; and all prop- 
erty otherwise acquired for public schools, shall be and remain a 
perpetual fund for the maintenance of public schools,' in the state. 
It shall be deemed a trust fund held by the state. The principal 
shall forever remain inviolate ; and may be increased, but shall 
never be diminished, and the state shall make good all losses thereof 
which may in any manner occur. 

See, 3. The interest and income of this fund, together with the 
net proceeds of all fines for violation of state laws and all other 
sums which may be added thereto by law, shall be faithfully used and 
applied each year for the benefit of the public schools of the state, 
and shall be for this purpose apportioned among and between all the 
several public school corporations of the state in proportion to the 
number of children in each, of school age, as may be fixed by law, 
and no part of the fund, either principal or interest, shall eve? be 
diverted, even temporarily, from this purpose or used for any other 
purpose whatever than the maintenance of public schools for the 
equal benefit of all the people of the state. 

Sec. 4. After one year from the assembling of the first legislature, 
the lands granted to the state by the United States for the use of 
public schools may be sold uijon the following conditions and no 
other: Not more than one-third of all such lands shall be sold 
within the first five years and no more than two-thirds within the 
first fifteen years after the title thereto is vested in the state, and 



Appendix 295 

the legislature shall, subject to the provisions of this article, pro- 
vide for the sale of the same. 

The commissioner of school and public lands, the state auditor 
and the county superintendent of schools of the counties severally, 
shall constitute boards of appraisal and shall appraise all school 
lands, within the several counties which they may from time to time 
select and designate for sale at their actmal value under the terms 
of sale. 

They shall take care to first select and designate for sale the most 
valuable lands, and they shall ascertain all such lands as may be of 
special and peculiar value, other than agricultural, and cause the 
proper subdivision of the same in order that the largest price may be 
obtained therefor. 

Sec. 5. No land shall be sold for less than the appraised value, 
and in no case for less than ten dollars an acre. The purchaser shall 
pay one-fourth of the price in cash, and the remaining three-fourths 
as follows: One-fourth in five years, one-fourth in ten years, and 
one-fourth in fifteen years; with interest thereon at the rate of not 
less than six per centum per annum, payable annually in advance, but 
all such subdivided lands may be sold for cash, provided that upon 
payment of the interest for one full year in advance, the balance of 
the purchase price may be paid at any time. All sales shall be at 
public auction to the highest bidder, after sixty days' advertisement 
of the same in a newspaper of general circulation in the vicinity of 
the lands to be sold, and one at the seat of government. Such lands 
as shall not have been especially subdivided shall bo offered in tracts 
of not more than eighty acres, and those so subdivided in the smallest 
subdivisions. All lands designated for sale and not sold within four 
years after appraisal shall be reappraised by the board of appraisal 
as herein before provided before they are sold. 

Sec. 6. All sales shall be conducted through the ofiice of the 
commissioner of school and public lands as may be prescribed by law, 
and returns of all appraisals and sales shall be made to said office. 
No sale shall operate to convey any right or title to any lands for 
sixty days after the date thereof, nor until the same shall have 
received the approval of the governor in such forms as may be pro- 
vided by law. No grant or patent for any such lands shall issue 
Tsntil final payment be made. 

Sec. 7. All lands, money or other property donated, granted or 
received from the United States or any other source for a university, 
agricultural college, normal schools or other educational or charitable 
institution or purpose, and the proceeds of all such lands and other 
property so received from any source, shall be and remain perpetual 
funds, the interest and income of which, together with the rents of 
all such lands as may remain unsold, shall be inviolably appropriated 
and applied to the specific objects of the original grants or gifts. The 
principal of every such fund may be increased, but shall never be 
diminished, and the interest and income only shall be used. Every 
such fund shall be deemed a trust fund held by the state, and the 
state shall make good all losses therefrom that shall in any manner 
occur. 

Sec. 8. All lands mentioned in the preceding section shall be 
appraised and sold in the same manner and by the same officers and 



296 SOUTH DAKOTA, A REPUBLIC OF FRIENDS 

"boards under the same limitations and subject to all the conditions 
as to price, sale and approval provided above for the appraisal and 
sale of lands for the benefit of public schools, but a distinct and 
separate account shall be kept by the proper officers of each of such 
funds. 

Sec. 9. The lands mentioned in this article shall be leased for 
pasturage, meadow, farming, the growing of crops of grain and 
general agricultural purposes, and at public auction after notice as 
hereinbefore providecj in case of sale and shall be offered in tracts 
not greater than one section. All rents shall be payable annually in 
advance, and no term of lease shall exceed five years, nor shall any 
lease be valid until it receives the approval of the governor. 

Sec. 10. No claim to any public lands by any trespasser thereon 
by reason of occupancy, cultivation or improvement thereof, shall 
ever be recognized; nor shall compensation ever be made on account 
of any improvements made by such trespasser. 

Sec. 11. The moneys of the permanent school, and other educa- 
tional funds shall be invested only in first mortgages upon good 
improved farm lands within this state as hereinafter provided, or in 
bonds of school corporations within the state, in bonds of the United 
States or of the state of South Dakota or of any organized county, 
township or incorporated city in said state. The legislature shall 
provide by law the method of determining the amounts of said funds, 
which shall be invested from time to time in such classes of securities 
respectively, taking care to secure continuous investments as far as 
possible. 

All moneys of said funds which may from time to time be desig- 
nated for investment in farm mortgages and in the bonds of school 
corporations, or in bonds of organized counties, townships or incor- 
porated cities within this state, shall for such purpose be divided 
among the organized counties of the state in proportion to popula- 
tion as nearly as provisions by law to secure continuous investment 
may permit. The several counties shall hold and manage the same 
as trust funds, and they shall be and remain responsible and ac- 
countable for the principal and interest of all such moneys received 
by them from the date of receipt until returned because not loaned; 
and in case of loss of any money so apportioned to any county, such 
county shall make the same good out of its common revenue. Coun- 
ties shall invest said money in bonds of school corporations, counties, 
townships, or cities, or in first mortgages upon good improved farm 
lands within their limits respectively. The amount of each loan shall 
not exceed one-third the actual value of the lands covered by the 
mortgage given to secure the same, such value to be determined by 
the board of county commissioners of the county in which the land is 
situated, and in no case shall more than five thousand ($5,000) 
dollars be loaned to any one person, firm or corporation, and the rate 
of interest shall not be less than five per centum per annum, and 
shall be such other and higher rate, as the legislature may provide, 
and shall be payable semi-annually on the first day of January and 
July; Provided, that wherever there are moneys of said fund in any 
county amounting to one thousand dollars that cannot be loaned 
according to the provisions of this section and any law pursuant 
thereto, the said sum may be returned to the state treasurer to be 



APPENDIX 29V 

entrusted to some other county or counties, or otherwise invested 
under the provisions of this section. 

Each county shall semi-annually, on the first day of January and 
July, render an account of the condition of the funds entrusted to 
it to the auditor of state, and at the same time pay to or account to 
the state treasurer for the interest due on all funds entrusted to it. 

The legislature may provide by general law that counties may 
retain from interest collected in excess of five per centum per annum 
upon all said funds entrusted to them, not to exceed one per centum 
per annum. But no county shall be exempted from the obligation to 
make semi-annual payments to the state treasury of interest at the 
rate provided by law for such loans, except only said one per centum, 
and in no case shall the interest so to be paid be less than five 
per centum per annum. 

The legislature shall provide by law for the safe investment of 
the permanent school and other educational funds, and for the prompt 
collection of interest and income thereof, and to carry out the objects 
and provisions of this section. 

Sec. 12. The governor may disapprove any sale, lease or invest- 
ment other than such as are entrusted to the counties. 

Sec. 13. All losses to the permanent school or other educational 
funds of this state which shall have been occasioned by the defalca- 
tion, negligence, mismanagement or fraud of the agents or officers 
r;ontrolling and managing the same, shall be audited by the proper 
authorities of the state. The amount so audited shall be a permanent 
funded debt against the state in favor of the fund, sustaining the 
loss, upon which not less than six per centum of annual interest 
shall be paid. The amount of indebtedness; so created shall not be 
counted as a part of the indebtedness mentioned in Article XIII., 
Sec. 2. 

Sec. 14. The legislature shall provide by law for the protection 
of the school lands from trespass or unlawful appropriation, and 
for their defense against all unauthorized claims or efforts to divert 
them from the school fund. 

Sec. 15. The legislature shall make such provision by general 
taxation, and by authorizing the school corporations to levy such 
additional taxes, as with the income from the permanent school fund 
shall secure a thorough and efficient system of common schools 
throughout the state. 

Sec, 10. No appropriation of lands, money or other property or 
credits to aid any sectarian school shall ever be made by the state, 
or any county or municipality within the state, nor shall the state 
or any county or municipality within the state accept any grant, 
conveyance, gifts or bequest of lands, money or other property to be 
used for sectarian purposes, and no sectarian instruction shall be 
allowed in any school or institution aided or supported by the state. 

Sec. 17. No teacher, state, county, township or district school 
officer shall be interested in the sale, proceeds or profits of any book, 
apparatus or furniture used or to be used in any school in this state, 
under such penalties as shall be provided by law. 



298 SOUTH DAKOTA, A REPUBLIC OF FRIENDS 

ARTICLE IX. 
County and Township Organization. 

Sec. 1. The legislature shall provide by general law for organ- 
izing new counties; locating the county seats thereof and changing 
county lines; but no new counties shall be organized so as to include 
an area of less than twenty-four congressional townships, as near 
as may be without dividing a township or fractional township, nor 
shall the boundaries of any organized county be changed so as to 
reduce the same to a less area than above specified. All changes in 
county boundaries in counties already organized, before taking effect, 
shall be submitted to the electors of the county or counties to be 
affected thereby, at the next general election thereafter and be 
adopted by a majority of the votes cast in each county at such elec- 
tion. Counties now organized shall remain as they are unless changed 
aceording to the above provisions. 

Sec. 2. In counties already organized where the county seat has 
not been located by a majority vote, it shall be the duty of the 
county board to submit the location of the county seat to the electors 
of said county at a general election. The place receiving a majority 
of all votes cast at said election shall be the county seat of said 
county. 

Sec. 3. Whenever a majority of the legal voters of any organized 
county shall petition the board to change the location of the county 
seat which has once been located by a majority vote, specifying the 
place to which it is to be changed, said board shall submit the same 
to the people of the said county seat at the next general election, 
and if the proposition to change the county seat be ratified by two- 
thirds of the votes cast at said election (except as hereinafter pro- 
vided), then the county seat shall be changed, othervvdse not; Pro- 
vided, however, that in cases where the county seat is not located 
at a railroad station and it is proposed to remove the same to the 
railroad station, then the proposition to change the county seat may 
be ratified by three-fifths of the votes east at said election, upon the 
question of such removal, and in such case if the proposition to 
change the county seat be ratified by three-fifths of the votes cast 
at said election upon the question of such removal, then the county 
seat shall be changed, otherwise not. 

A proposition to change the location of the county seat of any 
organized county shall not again be submitted before the expira- 
tion of four years. 

Sec. 4. The legislature shall provide by general law for organ- 
izing the counties into townships, having due regard for congressional 
township lines and natural boundaries, and whenever the population 
is sufficient and the natural boundaries will permit, the civil town- 
ships shall be co-extensive with the congressional townships. 

Sec. 5. In each organized county at the first general election held 
after the admission of the state of South Dakota into the Union, 
and every two years thereafter, there shall be elected a clerk of the 
court, sheriff, county auditor, register of deeds, treasurer, state's 
attorney, surveyor, coroner, and superintendent of schools, whose 
terms of office respectively shall be two years, and except the clerk 



\PPENDIX 299 

of the court no person shall be eligible for more than four years in 
succession to any of the above named offices. 

Sec. 6. The legislature shall provide by general law for such 
county, township and district officers as may be deemed necessary, 
and shall prescribe the duties and compensation of all county, town- 
ship and district officers. 

See. 7. All county, township and district officers shall be electors 
in the county, toAvnship or district in which they are elected, pro- 
vided that nothing in this section shall prevent the holding of 
school offices by any person as provided in Section 9, Article VII.; 
and provided, further, that the legislature shall have authority to 
prescribe additional qualifications for superintendent of schools, not 
inconsistent herewith. 

AETICLE X. 
Municipal Corporations. 

See. 1. The legislature shall provide by general laws for the 
organization and classification of municipal corporations. The num- 
ber of such classes shall not exceed four and the powers of each 
class shall be defined by general laws, so that no such corporations 
shall have any powers, or be subject to any restrictions other than 
those of all corporations of the same class. The legislature shall 
restrict the power of such corporations to levy taxes and assessments, 
borrow money and contract debts, so as to prevent the abuse of 
such power. 

Sec. 2. Except as otherwise provided in this constitution, no tax 
or assessment shall be levied or collected, or debts contracted by 
municipal corporations, except in pursuance of law, for public pur- 
poses specified by law; nor shall money raised by taxation, loan or 
assessment, for one purpose ever be diverted to any other. 

Sec. 3. No street passenger railway or telegraph or telephone lines 
shall be constructed within the limits of any village, town or city 
without the consent of its local authorities. 

AETICLE XI. 
Revenue and Finance. 

Sec. 1. The legislature shall provide for an annual tax, sufficient 
to defray the estimated ordinary expenses of the state for each year, 
not to exceed in any one year two mills on each dollar of the assessed 
valuation of all taxable property in the state, to be ascertained by 
the last assessment made for state and county purposes. 

And whenever it shall appear that such ordinary expenses shall 
exceed the income of the state for such year, the legislature shall 
provide for levying a tax for the ensuing year sufficient with other 
sources of income to pay the deficiency of the preceding year 
together with the estimated expenses of such ensuing year. And 
for the purpose of paying the public debt, the legislature shall pro- 
vide for levying a tax annually, sufficient to pay the annual interest 
and the principal of such debt within ten years from the final 
passage of the law creating the debt, provided that the annual tax 
for the payment of the interest and principal of the public debt 
^all not exceed m any one year two mills on each dollar of the 



300 SOUTH DAKOTA, A REPUBLIC OP FRIENDS 

assessed valuation of all taxable property in the state as ascertained 
by the last assessment made for the state and county purposes. 

Provided, that for the purpose of establishing, installing, main- 
taining and operating a hard fiber twine and cordage plant at the 
state penitentiary at Sioux Falls, South Dakota, the legislature shall 
provide for a tax for the year 1907 of not to exceed one and one- 
half mills on each dollar of the assessed valuation of all taxable 
property in the state, as ascertained by the last assessment made for 
state and county purposes. 

Sec. 2. All taxes to be raised in this state shall be uniform on 
all real and personal property, according to its value in money, to 
be ascertained by such rules of appraisement and assessment as may 
be prescribed by the legislature by general law, so that every person 
and corporation shall pay a tax in proportion to the value of his, 
her, or its property. And the legislature shall provide by general 
law for the assessing and levying of taxes on all corporation prop- 
erty, as near as may be by the same methods as are provided for 
assessing and levying of taxes on individual property. 

Sec. 3. The power to tax corporations and corporate property 
shall not be surrendered or suspended by any contract or grant to 
which the state shall be a party. 

See. 4. The legislature shall provide for taxing all moneys, credits, 
investments in bonds, stocks, joint stock companies, or otherwise; 
and also for taxing the notes and bills discounted or purchased, 
moneys loaned and all other property, effects or dues of every de- 
scription, of all banks and of all bankers, so that all property 
employed in banking shall always be subject to a taxation equal to 
that imposed on the property of individuals. 

Sec. 5. The property of the United States and of the state, county 
and municipal corporations, both real and personal, shall be exempt 
from taxation. 

Sec. 6. The legislature shall, by general law, exempt from< taxa- 
tion, property used exclusively for agricultural and horticultural 
societies, for school, religious, cemetery and charitable purposes, and 
personal property to any amount not exceeding in value two hundred 
dollars, for each individual liable to taxation. 

Sec. 7. All laws exempting property from taxation, other than 
that enumerated in sections 5 and 6 of this article, shall be void. 

Sec. 8. No tax shall be levied except in pursuance of a law, 
which shall distinctly state the object of the same, to which the tax 
only shall be applied. 

Sec. 9. All taxes levied and collected for state purpose shall be 
paid into the state treasury. No indebtedness shall be incurred or 
money expended by the state, and no warrant shall be drawn upon the 
state treasurer except in pursuance of an appropriation for the 
specific purpose first made. The legislature shall provide by suitable 
enactment for carrying this section into effect. 

Sec. 10. The legislature may vest the corporate authority of cities, 
towns and villages with power to make local improvements by special 
taxation of contiguous property or otherwise. For all corporate 
purposes, all municipal corporations may be vested with authority 
to assess and collect taxes j but such tax shall be uniform in respect 



APPENDIX 301 

to persons and property within the jurisdiction of the body levying 
the same. 

See. 11. The making of profit, directly or indirectly, out of 
state, county, city, town or school district money, or using the same 
for any purpose not authorized by law, shall be deemed a felony and 
shall be punished as provided by law. 

Sec. 12. An accurate statement of the receipts and expenditures 
of the public moneys shall be published annually in such manner as 
the legislature may provide, 

ARTICLE XII. 

Public Accounts and Expenditures. 

Sec. 1. No nioney shall be paid' out of the treasury except upon 
appropriation by law and on warrant drawn by the proper ofScer. 

Sec. 2. The general appropriation bill shall embrace nothing but 
appropriations for ordinary expenses of the executive, legislative 
and judicial departments of the state, the current expenses of state 
institutions, interest on the public debt, and for common schools. 
All other appropriation shall be made by separate bills, each em- 
bracing but one object, and shall require a two-thirds vote of all 
the members of each branch of the legislature. 

See. 3. The legislature shall never grant any extra compensation 
to any public officer, employe, agent or contractor after the services 
shall have been rendered or the contract entered into, nor authorize 
the payment of any claims or part thereof created against the state, 
under any agreement or contract made without express authority of 
law, and all such unauthorized agreements or contracts shall be null 
and void; nor shall the compensation of any public officer be in- 
creased or diminished during his term of office; Provided, however, 
that the legislature may make appropriations for expenditures in- 
curred in suppressing insurrection or repelling invasion. 

Sec. 4. An itemized statement of all receipts and expenditures 
of the public moneys shall be published annually in such manner as 
the legislature shall provide, and such statements shall be submitted 
to the legislature at the beginning of each regular session by the 
governor with his message. 

AETICLE XIII. 
Public Indebtedness. 

See. 1. Neither the state nor any county, township or munici- 
pality shall loan or give its credit or make donations to or in aid 
of any individual, association or corporation except for the necessary 
support of the poor, nor subscribe to or become the owner of the 
capital stock of any association or corporation, nor pay or become 
responsible for the debt or liability of any individual, association 
or corporation; Provided, that the state may assume or pay such 
debt or liability w^hen incurred in time of war for the defense of 
the state. Nor shall the state engage in any work of internal im- 
X)rovement. 

Sec. 2. For the purpose of defraying extraordinary expenses and 
making public improvements, or to meet casual deficits or failure 
in revenue, the state may contract debts never to exceed with pre- 



302 SOUTH DAKOTA, A REPUBLIC OF FRIENDS 

vioiis debts in the aggregate $100,000, and no greater indebtedness 
shall be incurred except for the purpose of repelling invasion, sup- 
pressing insurrection, or defending the state or the United States in 
war, and provision shall be made by law for the payment of the 
interest annually, and the principal when due, by tax levied for the 
purpose or from other sources of revenue; which law providing for 
the payment of such interest and principal by such tax or otherwise 
shall be irrepealable until such debt is paid; Provided, however, the 
state of South Dakota shall have the power to refund the territorial 
debt assumed by the state of South Dakota, by bonds of the state 
of South Dakota. 

See. 3. That the indebtedness of the state of South Dakota lim- 
ited by Section 2 of this article shall be in addition to the debt of 
the territory of Dakota assumed by and agreed to be paid by South 
Dakota. 

Sec. 4. The debt of any county, city, town, school district, civil 
township or other subdivision, shall never exceed five (5) per centum 
upon the assessed valuation of the taxable property therein for the 
year preceding that in which said indebtedness is incurred. 

In estimating the amount of indebtedness which a municipality 
or subdivision may incur, the amount of indebtedness contracl;ed 
prior to the adoption of the constitution shall be included : 

Provided, that any county, municipal corporation, civil township, 
district or other subdivision may incur an additional indebtedness 
not exceeding ten per centum upon the assessed valuation of the 
taxable property therein for the year preceding that in which said 
indebtedness is incurred, for the purpose of providing water and 
sewerage for irrigation, domestic uses, sewerage and other purposes; 
and 

Provided, furtlier, that in a city where the population is eight 
thousand or more, such city may incur an indebtedness not exceeding 
eight per centum upon the assessed valuation of the taxable prop- 
erty therein for the year next preceding that in which said indebted- 
ness is incurred for the purpose of constructing street railways, 
electric lights or other lighting plants. 

Provided, further, that no county, municipal corporation, civil 
township, district or subdivision shall be included within such dis- 
trict or subdivision without a majority vote in favor thereof of the 
electors of the county, municipal corporation, civil township, district 
or other subdivision, as the case may be, which is proposed to be 
included therein, and no such debt shall ever be incurred for any 
of the purposes in this section provided, unless authorized by a vote 
in favor thereof by a majority of the electors of such county, mu- 
nicipal corporation, civil township, district or subdivision incurring 
the same. 

Sec. 5. Any city, county, town, school district or any other sub- 
division incurring indebtedness shall, at or before the time of so 
doing, provide for the collection of an annual tax sufficient to pay 
the interest and also the principal thereof when due, and all laws 
or ordinances providing for the payment of the interest or principal 
of any debt shall be irrepealable until such debt be paid, 



APPENDIX 303 

AETICLE XIV. 

State Institutions. 

Sec. 1. The charitable and penal institutions of the state of South 
Dakota shall consist of a penitentiary, insane hospital, a school for the 
deaf and dumb, a school for the blind, and a reform school. 

See. 2. The state institutions provided for in the preceding sec- 
tion shall be under the control of the state board of charities and 
corrections, under such rules and restrictions as the legislature shall 
provide; such board to consist of not to exceed five members, to be 
appointed by the governor and confirmed by the senate, and whose 
compensation shall be fixed by law. 

See. 3. The state university, the agricultural college, the normal 
schools and all other educational institutions that may be sustained 
either wholly or in part by the state s^all be under the control of a 
board of five members appointed by the governor and confirmed by 
the senate under such rules and restrictions as the legislature shall 
provide. The legislature may increase the numbers of members to 
nine. 

See. 5. The legislature shall pro\dde that the science of mining 
and metallurgy be taught in at least one institution of learning under 
the patronage of the state. 

AETICLE XV. 
Militia. 

Sec. 1. The militia of the state of South Dakota shall consist of 
all able bodied male persons residing in the state, between the ages 
of eighteen and forty-five years, except such persons as now are, or 
hereafter may be exempted by the laws of the United States or of 
this state. 

Sec. 2. The legislature shall provide by law for the enrollment, 
uniforming, equipment and discipline of the militia and the estab- 
lishment of volunteer and such other organizations or both, as may 
be deemed necessary for the protection of the state, the preservation 
of order and the efSciency and good of the service. 

See. 3. The legislature in providing for the organization of the 
militia shall conform, as nearly as practicable, to the regulations 
for the government of the armies of the United States. 

See. 4. All militia officers shall be commissioned by the governor, 
and may hold their commissions for such period of time as the legis- 
lature may provide, subject to removal by the governor for cause, 
to be first ascertained by a court-martial pursuant to law. 

Sec. 5. The militia shall in eases except treason, felony or breach 
of the peace, be privileged from arrest during their attendance at 
muster and elections, and in going to and returning from the same. 

See. 6. All military records, banners and relics of the state, 
except when in lawful use, shall be pres?rved in the office of the 
adjutant general as an enduring memorial of the patriotism and valor 
of South Dakota; and it shall be the duty of the legislature to pro- 
vide by law for the safe keeping of the same. 

Sec. 7. No person having conscientious scruples against bearing 
arms shall be compelled to do military duty in time of peace. 



304 SOUTH DAKOTA, A REPUBLIC OF FRIENDS 

ARTICLE XVI. 

Impeachment and Eemoval from Office. 

See. 1. The house of representatives shall have the sole power of 
impeachment. 

The concurrence of a majority of all members elected shall be 
necessary to an impeachment. 

Sec. 2. All impeachments shall be tried by the senate. When 
sitting for that purpose the senators shall be upon oath or affirma- 
tion to do justice according to law and evidence. No person shall be 
convicted without the concurrence of two-thirds of the members 
elected. When the governor or lieutenant governor is on trial the 
presiding judge of the supreme court shall preside. 

Sec. 3. The governor and other state and judicial officers, except 
county judges, justices of the peace and police magistrates, shall be 
liable to impeachment for drunkenness, crimes, corrupt conduct, or 
malfeasance or misdemeanor in office, but judgment in such cases 
shall not extend further than to removal from office and disquali- 
fication to hold any office of trust or profit under the state. The 
person accused, whether convicted or acquitted, shall nevertheless be 
liable to indictment, trial, judgment and punishment according to law. 

Sec. 4. All officers not liable to impeachment shall be subject to 
removal for misconduct or malfeasance or crime or misdemeanor in 
office, or for drunkenness or gross incompetency, in such manner as 
may be provdied by law. 

Sec. 5. No officer shall exercise the duties of his office after he 
shall have been impeached and before his acquittal. 

Sec. 6. On trial of an impeachment against the governor the 
lieutenant governor shall not act as a member of the court. 

Sec. 7. No person shall be tried on impeachment before he shall 
have been served with a copy thereof at least twenty days previous 
to the day set for trial. 

Sec. 8. No person shall be liable to impeachment twice for the 
same offense. 

AETICLE XVII. 
Corporations. 

Sec. 1. No corporation shall be created or have Its charter ex- 
tended, changed or amended by special laws except those for chari- 
table, educational, penal or reformatory purposes, which are to be 
and remain under the patronage and control of the state; but the 
legislature shall provide, by general laws for the organization of all 
corporations hereafter to be created. 

Sec. 2. All existing charters, or grants of special or exclusive 
privileges, under which a hona fide organization shall not have taken 
place and business been commenced in good faith at the time this 
constitution takes effect, shall thereafter have no validity. 

Sec. 3. The legislature shall not remit the forfeiture of the 
charter of any corporation now existing nor alter or amend the 
same nor pass any other general or special law for the benefit of 
such corporation, excepb upon the condition that such corporation 
shall thereafter hold its charter subject to the provisions of this 
constitution. 



APPENDIX 305 

See. 4. The exercise of the right of eminent domain shall never 
be abridged or so construed as to prevent the legislature from 
taking the property and franchises of incorporated companies and 
subjecting them to public use, the same as the property of individuals; 
and the exercise of the police power of the state shall never be 
abridged or so construed as to permit corporations to conduct their 
business in such manner as to infringe the equal rights of individuals 
or the general well-being of the state. 

Sec. 5, In all elections for directors or managers of a corporation, 
each member or shareholder may cast the whole number of his votes 
for one candidate, or distribute them upon two or more candidates, as 
lie may prefer. 

Sec. 6. No foreign corporation shall do any business in this state 
without having one or more known places of business and an author- 
ized agent or agents in the same upon whom process may be served. 

Sec. 7. No corporation shall engage in any business other than that 
expressly authorized in its charter, nor shall it take or hold any real 
estate except such as may be necessary and proper for its legitimate 
business. 

Sec. 8. No corporation shall issue stocks or bonds except for money, 
labor done, or money or property actually received; and all fictitious 
increase of stock or indebtedness shall be void. The stock and indebt- 
edness of corporations shall not be increased except in pursuance of 
general law, nor without the consent of the persons holding the larger 
amount in value of the stock first obtained, at a meeting to be held 
after sixty days' notice given in pursuance of law. 

Sec. 9. The legislature shall have the power to alter, revise or annul 
any charter of any corporation now existing and revokable at the tak- 
ing effect of this constitution, or any that may be created, whenever 
in their opinion it may be injurious to the citizens of this state, in 
such a manner, however, that no injustice shall be done to the incor- 
porators. No law hereafter enacted shall create, renew or extend the 
charter of more than one corporation. 

Sec. 10. No law shall be passed by the legislature granting the 
right to construct and operate a street railroad within any city, town 
or incorporated village, without requiring the consent of the local 
authorities having the control of the street or highway proposed to be 
occupied by such street railroad. 

Sec. 11. Any association or corporation organized for the purpose, 
or any individual, shall have the right to construct and maintain lines 
of telegraph in this state and to connect the same with other lines; 
and the legislature shall by general law of uniform operation provide 
reasonable regulations to give full effect to this section. No telegraph 
company shall consolidate with, or hold a controlling interest in the 
stock or bonds of any other telegraph company owning a competing 
Ime, or acquire by purchase or otherwise, any other competing line of 
telegraph. 

Sec. 12. Every railroad corporation organized or doing business in 
this state under the laws or authority thereof shall have and maintain 
a public office or place in this state for the transaction of its business, 
where transfers of its stock shall be made, and in which shall be kept 
for public inspection books in which shall be recorded the amount of 



306 SOUTH DAKOTA, A REPUBLIC OF FRIENDS 

capital stock subscribed, and by whom ; the names of the owners of its 
stock, and the amount owned by them respectively; the amount of 
stock paid in, and by whom; the transfers of said stock; the amount 
of its assets and liabilities; and the names and places of residence of 
its officers. The directors of every railroad corporation shall annually 
make a report, under oath, to the auditor of public accounts or some 
officer or officers to be designated by law, of all their acts and doings, 
which report shall include such matters relating to railroads as may 
be prescribed by law, and the legislature shall pass laws enforcing by 
suitable penalties the provisions of this section. 

Sec. 13. The rolling stock, and all other movable property belonging 
to any railroad company or corporation in this state shall be consid- 
ered personal property, and shall be liable to execution and sale in the 
same manner as the personal property of individuals, and the legisla- 
ture shall pass no laws exempting such property from execution and 
sale. 

Sec. 14. Ko railroad corporation shall consolidate its stock, prop- 
erty or franchises with any other railroad corporation owning a paral- 
lel or competing line; and in no case shall any consolidation take 
place except upon public notice given out, at least sixty days to all 
stockholders, in such manner as may be provded by law. Any attempt 
to evade the provisions of this section, by any railroad corporation, by 
lease or otherwise, shall work a forfeiture of its charter. 

Sec. 15. Eailways heretofore constructed or that may hereafter be 
constructed, in this state are hereby declared public highways, and all 
railroad and transportation companies are declared to be common 
carriers and subject to legislative control; and the legislature shall 
have power to enact laws regulating and controlling the rates of 
charges for the transportation of passengers and freight as such com- 
mon carriers from one point to another in this state. 

Sec. 16. Any association or corporation organized for the purpose 
shall have the right to construct and operate a railroad between any 
points within this state, and to connect at the state line with railroads 
of other spates. Every railroad company shall have the right with its 
road to intersect, connect with, or cross any other railroad, and shall 
receive and transport each the other's passengers, tonnage and cars, 
loaded or empty, without delay or discrimination. 

Sec. 17. The legislature shall pass laws to correct abuses and pre- 
vent discrimination and extortion in the rates of freight and passenger 
tariffs on the different railroads in this state, and enforce such laws 
by adequate penalties, to the extent, if necessary for that purpose, of 
forfeiture of their property and franchises. 

Sec. 18. Municipal and other corporations and individuals invested 
with the privilege of taking private property for public use shall make 
just compensation for property taken, injured or destroyed, by the 
construction or enlargement of their works, highways or improve- 
ments, which compensation shall be paid or secured before such taking, 
injury or destruction. The legislature is hereby prohibited from 
depriving any person of an appeal from any preliminary assessment 
of damages against any such corporation or individuals made by 
viewers or otherwise; and the amount of such damages in all cases of 
appeal shall, on the demand of either party, be determined by a jury 
as in other civil cases. 



APPENDIX 30r 

See. 19. The term "corporations" as used in this article, shall 1)€ 
construed to include all joint stock companies or associations having 
any of the powers or privileges of corporations not possessed by- 
individuals or partnerships. 

Sec. 20. Monopolies and trusts shall never be allowed in this state 
and no incorporated company, co-partnership or association of per- 
sons in this state shall directly or indirectly combine or make any con- 
tract with any incorporated company, foreign or domestic, through 
their stockholders or the trustees or assigns of such stockholders, or 
with any co-partnership or association of persons, or in any manner 
whatever to fix the prices, limit the production or regulate the trans- 
portation of any product or commodity so as to prevent competition 
in such prices, production or transportation or to establish excessive 
prices therefor. 

The legislature shall pass laws for the enforcement of this section 
by adequate penalties and in the case of incorporated companies, if 
necessary for that purpose may, as a penalty, declare a forfeiture of 
their franchises. 

AETICLE XVIir. 

Banking and Currency. 

Sec. 1. If a general banking law shall he enacted it shall provide 
for the registry and countersigning by an officer of this state of all 
bills or paper credit designed to circulate as money, and require secur- 
ity to the full amount thereof, to be deposited with the state treasurer, 
in the approved securities of the state or of the United States, to be 
rated at ten per centum below their par value, and in case of their 
depreciation the deficiency shall be made good by depositing additional 
securities. 

Sec. 2, Every bank, banking company or corporation shall be 
required to cease all banking operations within twenty years from the 
time of its organization, and promptly thereafter close its business, 
but shall have corporate capacity to sue or be sued until its business 
is fully closed, but the legislature may provide by general law for the 
reorganization of such banks. 

Sec. 3. The shareholders or stockholders of any banking corpora- 
tion shall be held individually responsible and liable for all contracts, 
debts and engagements of such corporation to the extent of the amount 
of their stock therein, at the par value thereof, in addition to the 
amount invested in such shares or stock; and such individual liabilities 
shall continue for one year after any transfer or sale of stock by any 
stockholder or stockholders. 

AETICLE XIX. 

Congressional and Legislative, Apportionment. 

See. 1. Until otherwise provided by law, the members of the house 
of representatives of the United States, apportioned to this state, 
shall be elected by the state at large. 

Sec. 2. Until othermse provided by law, the senatorial and repre- 
sentative districts shall be formed, and the senators and representa- 
tives shall be apportioned as follows: [See Chapter VII for the 
apportionment of 1911.] 



308 SOUTH DAKOTA, A REPUBLIC OF FRIENDS 

AETICLE XX. 

Seat of Government. 

See. 1. The question of the location of the temporary seat of 
government shall be submitted to a vote of the electors of the pro- 
posed state of South Dakota in the same manner and at the same 
election at which this constitution shall be submitted, and the place 
receiving the highest number of votes shall be the temporary seat of 
government until a permanent seat of government shall be established 
as hereinafter provided. 

Sec. 2. The legislature at its first session after the admission of 
this state, shall provide for the submission of the question of a place 
for a permanent seat of government to the qualified voters of the 
state at the next general election thereafter, and that place which 
receives a majority of all the votes cast upon that question shall be 
the permanent seat of government. 

Sec. 3. Should no place voted for at said election have a majority 
of all votes cast upon this question, the governor shall issue his proc- 
lamation for an election to be held in the same manner at the next 
general election to choose between the two places having received the 
highest number of votes cast at the first election on this question. 
This election shall be conducted in the same manner as the first elec- 
tion for the permanent seat of government, and the place receiving the 
majority of all votes cast upon this question shall be the permanent 
seat of government. 

AETICLE XXI. 
Miscellaneous. 

See. 1. Seal and Coat of Arms. The design of the great seal of 
South Dakota shall be as follows: A circle within which shall appear 
in the left foreground a smelting furnace and other features of min- 
ing work. In the left background a range of hills. In the right 
foreground a farmer at his plow. In the right background a herd of 
cattle and a field of corn. Between the two parts thus described 
shall appear a river bearing a steamboat. Properly divided between 
the upper and lower edges of the circle shall appear the legend, 
''Under God the People Eule," which shall be the motto of the state 
of South Dakota. Exterior to this circle and within a circumscribed 
circle shall appear, in the upper part, the words, ''State of South 
Dakota," in the lower part the words, "Great Seal," and the date 
in Arabic numerals of the year in which the state shall be admitted 
to the Union. 

Sec. 2. Compensation of Tublic Officers. The governor shall re- 
ceive an annual salary of two thousand five hundred dollars; the 
judges of the supreme court shall each receive an annual salary of 
two thousand five hundred dollars; the judges of the circuit court 
shall each receive an annual salary of two thousand dollars; Provided, 
that the legislature may, after the year one thousand eight hundred 
and ninety, increase the annual salary of the governor and each of 
the judges of the supreme court to three thousand dollars, and the 
annual salary of each of the circuit court judges to two thousand five 
hundred dollars. The secretary of state, state treasurer and state 
auditor shall each receive an annual salary of one thousand eight 



APPENDIX 309 

hundred dollars; the commissioner of schools and public lands shall 
receive an annual salary of one thousand eight hundred dollars; the 
superintendent of public instruction shall receive an annual salary of 
one thousand eight hundred dollars ; the attorney general shall receive 
an annual salary of one thousand dollars; the compensation of the 
lieutenant governor shall be double the compensation of the state 
senator. They shall receive no fees or perquisites whatever for the 
performance of any duties connected "with their offices. It shall not 
be competent for the legislature to increase the salaries of the officers 
named in this article except as herein provided. 

See. 3. Oath of Office. Every person elected or appointed to any 
office in this state, except such inferior offices as may be by law 
exempted, shall before entering upon the duties thereof take an oath 
or affirmation to support the constitution of the United States and 
of this state, and faithfully to discharge the duties of his office. 

Sec. 4. Exemptions. The right of the debtor to enjoy the com- 
forts and necessaries of life shall be recognized by wholesome laws 
exempting from forced sale a homestead, the value of which shall 
be limited and defined by law, to all heads of families, and a reason- 
able amount of personal property, the kind and value of which to be 
fixed by general laws. 

Sec. 5. Eights of Married Women. The real and personal prop- 
erty of any woman in this state, acquired before marriage, and all 
property to which she may after marriage become in any manner 
rightfully entitled, shall be her separate property, and shall not be 
liable for the debts of her husband. 

Sec. 6. Drainage. The drainage of agricultural lands is hereby 
declared to be a public purpose and the legislature may provide there- 
for, and may provide for the organization of drainage districts for 
the drainage of land for any public use, and may vest the corporate 
authorities thereof, and the corporate authorities of counties, town- 
ships and municipalities, with the power to construct levees, drains 
and ditches, and to keep in repair all drains, ditches and levees here- 
tofore constructed under the laws of this state, by special assessments 
upon the property benefited thereby, according to benefits received. 

AETICLE XXII. 

Compact with the United States. 

The following article shall be irrevocable without the consent of 
the United States and the people of the state of South Dakota 
expressed by their legislative assembly: 

First, That perfect toleration of religious sentiment shall be secured, 
and that no inhabitant of this state shall ever be molested in person 
or property on account of his or her mode of religious worship. 

Second, That we the people inhabiting the state of South Dakota, 
do agree and declare that we forever disclaim all right and title to 
the unappropriated public lands lying within the boundary of South 
Dakota, and to all lands lying within said limits owned or held by 
any Indian or Indian tribes; and that until the title thereto shall 
have been extinguished by the United States, the same shall be and 
remain subject to the disposition of the United States; and said 



310 SOUTH DAKOTA, A REPUBLIC OF FRIENDS 

Indian lands shall remain under the absolute jurisdiction and control 
of the congress of the United States; that the lands belonging to 
citizens of the United States residing -without the said state shall 
never be taxed at a higher rate th?n the lands belonging to residents 
of this state; that no taxes shall be imposed by the state of South 
Dakota on lands or property therein belonging to or which may here- 
after be purchased by the United States, or reserved for its use. But 
nothing herein shall preclude the state of South Dakota from taxing 
as other lands are taxed any lands owned or held by any Indian who 
has severed his tribal relation and has obtained from the United States 
or from any person a title thereto by patent or other grant save and 
except such lands as have been or may be granted to any Indian or 
Indians under any act of congress containing a provision exempting 
the lands thus granted from taxation. All such lands which may 
have been exempted by any grant or law of the United States shall 
remain exempt to the extent, and as prescribed by such act of congress. 

Third, That the state of South Dakota shall assume and pay that 
portion of the debts and liabilities of the territory of Dakota as 
provided in this constitution. 

Fourth, That provision shall be made for the establishment and 
maintenance of systems of public schools, which shall be open to all 
the children of this state, and free from sectarian control. 

ARTICLE XXIII. 

Amendments and Eevisions of the Constitution. 

Sec. 1. Any amendment or amendments to this constitution may 
be proposed in either house of the legislature, and if the same shall 
be agreed to by a majority of the members elected to each of the two 
houses, such proposed amendment or amendments shall be entered on 
their journals, with the yeas and nays taken thereon, and it shall be 
the duty of the legislature to submit such proposed amendment or 
amendments to the vote of the people at the next general election. 
And if the people shall approve and ratify such amendment or 
amendments by a majority of the electors voting thereon, such amend- 
ment or amendments shall become a part of this constitution; 
Provided, that the amendment or amendments so proposed shall be 
published for a period of twelve weeks previous to the date of said 
election, in such manner as the legislature may provide; and provided, 
further, that if more than one amendment be submitted they shall be 
submitted in such manner that the people may vote for or against 
such amendments separately. 

Sec. 2. Whenever two-thirds of the members elected to each 
branch of the legislature shall think it necessary to call a convention 
to revise this constitution they shall recommend to the electors to 
vote at the next election for members of the legislature, for or against 
a convention; and if a majority of all the electors voting at said 
election shall have voted for a convention, the legislature shall, at 
their next session, provide hj law for calling the same. The conven- 
tion shall consist of as many members as the house of representatives 
of the legislature, and shall be chosen in the same manner and shall 
meet within three months after their election for the purpose aforesaid. 



APPENDIX 311 

AETICLE XXVI. 
Schedule -and Ordinance. 

See. 17. The ordinances and schedule enacted by this convention 
shall be held to be valid for all the purposes thereof. 

Sec. 18. That we, the people of the state of South Dakota, do 
ordain : 

First, That perfect toleration of religious sentiment shall be secured, 
and that no inhabitant of this state shall ever be molested in person 
or property on account of his or her mode of religious worship. 

Second, That we, the people inhabiting the state of South Dakota, 
do agree and declare that we forever disclaim all right and title to 
the unappropriated public lands lying within the boundaries of South 
Dakota; and to all lands lying within said limits owned or held by 
any Indian or Indian tribes, and that until the title thereto shall have 
been extinguished by the United States the same shall be and remain 
subject to the disposition of the United States and ^aid Indian lands 
shall remain under the absolute jurisdiction and control of the con- 
gress of the United States; that the lands belonging to citizens of 
the United States residing without the said state, shall never be taxed 
at a higher rate than the lands belonging to residents of this state. 
That no taxes shall be imposed by the state of South Dakota on lands 
or property therein belonging to or which may hereafter be purchased 
by the United States, or reserved for its use. But nothing herein 
shall preclude the state of South Dakota from taxing as other lands 
are taxed any lands owned or held by any Indian who has severed his 
tribal relation and has obtained from the United States, or from any 
person a title thereto by patent or other grant save and except such 
lands as have been, or may be granted to any Indian or Indians under 
any act of congress containing a provision exempting the lands thus 
granted from taxation, all such lands which may have been exempted 
by any grant or law of the United States, shall remain exempt to the 
extent, and as prescribed by such act of congress. 

Third, That the state of South Dakota shall assume and pay that 
portion of the debts and liabilities of the territory of Dakota as pro- 
vided in this constitution. 

Fourth, That provisions shall be maTle for the establishment and 
maintenance of systems of public schools, which shall be open to all 
the children of this state, and free from sectarian control. 

Fifth, That jurisdiction is ceded to the United States over the mili- 
tary reservations of Fort Meade, Fort Eandall, and Fort Sully, here- 
tofore declared by the President of the United States; provided, 
legal process, civil and criminal, of this state shall extend over such 
rpsorvations in all cases of which exclusive jurisdiction is not vested 
in the United States, or of crimes not committed within the limits of 
such reservations. These ordinances shall be irrevocable without the 
consent of Ibe United States, and also the people of the said state of 
South Dakota, expressed by their legislative assembly. 



312 SOUTH DAKOTA, A REPUBLIC OF FRIENDS 

AETICLE XXVIII. 

Investment of School Money. 
The several counties of the state shall invest the moneys of the per- 
manent school and endowment funds in bonds of school corporation, 
state, county and municipal bonds or in first mortgages upon good 
improved farm lands within their limits respectively ; under such regu- 
lations as the legislature may provide, but no farm loan shall exceed 
one thousand dollars to any one person, firm or corporation. 



APPENDIX 313 



THE ORIGIN OF CERTAIN SOUTH DAKOTA NAMES. 

Aberdeen, a city in Scotland. 

Armour, Phil. K. Armour, Chicago, 

Aurora, a Latin word, meaning "morning," "dawn," "east." 

Beadle (be'dle), Hon. W. H. H. Beadle, Madison, S. D., Supt. Public In- 
struction, 1879-85. 

Belle Fourche (bel foorsh'), a French word, meaning "beautiful fork;" 
from the abundance and variety of wild flowers growing along the 
forks of the Cheyenne river. 

Beresford (bers'ford). Lord Beresford. 

Bonesteel, Hon. W. H. Bonesteel, Springfield, S. D. 

Bonhomme (hon' 6m), Bon Homme Jacques, the Frenchman's "Uncle Sam." 

Bowdle, Hon. G. M. Bowdle, Mitchell, S. D. 

Britton, Isaac T. Britton, an early settler. 

Brookings, Hon. Wilmot W. Brookings, an early settler. 

Brown, Hon. Alfred Brown, legislator, 1879. 

Brule (broo'la), a tribe of Sioux Indians. 

Buffalo, for the bison of the prairies. 

Butte (bewt), from the presence of many steep sided hills called buttes. 

Campbell, Hon. N. B. Campbell of Scotland, S. D., legislator, 1873. 

Canton, a city in China. 

Chamberlain, Selah Chamberlain, railway promoter, Cleveland, Ohio. 

Charles Mix, United States Commissioner of Indian Affairs, 1858. 

Clark, Hon. Newton Clark, legislator, 1873. 

Clay, Henry Clay. 

Codington, Rev. R. B. Codington, legislator, 1877. 

Custer, Gen, G. A, Custer. 

Davison, Henry C. Davison, the first settler in the county. 

Day, Merritt H. Day,* a pioneer. 

Deadwood, from the dead and down timber which obstructed placer min- 
ing in the gulch in 1875. 

De Smet, Peter De Smet, a Jesuit missionary. 

Deuel (duel'), Hon. Jacob Deuel of Vermillion, Legislator. 

Douglas, Stephen A. Douglas. 

Edmunds, Hon. Newton Edmunds, Governor, 1863-66. 

Elk Point, so named by very early traders. Audubon, 1842, mentions the 
name. 

Eureka, a Greek word, meaning "I have found it." 

Faulk, Hon. Andrew J. Faulk, Governor, 1866-69, 

Flandreau (flan'drew), Judge Flandrau, St, Paul, Minnesota, 

Grant, Ulysses S. Grant, ^ 

Gregory, Hon. J, S, Gregory, legislator, 1862. 

Groton (gro'ton), a town in Massachusetts, pronounced there, grd'ton). 

Hamlin, Hannibal Hamlin. ^ ^ ^^ 

Hand, Hon. Geo. H. Hand, territorial secretary, 1874-83. 

Hanson, Hon. Joseph R. Hanson, clerk of the first legislature. 

Herreid (ber're id), Hon. Chas. N. Herreid, Governor, 1901-04. 

Hughes, Hon, Alex. Hughes, legislator, 1873, 

Hutchinson, Hon. John Hutchinson, first territorial secretary, 1861-65. 

Hyde, Hon. James Hyde, legislator, 1873. 

Ipswich, a town in Massachusetts. 

Jerauld (jer aid'), Hon H. A. Jerauld, legislator, 1883, 

Keyapaha (kg'ya pa'hji), Indian word, meaning, "turtle hills," 

Klngsburg, G. W. and T. A. Kingsbury, brothers, legislators. 

Lawrence. Hon. John Lawrence, legislator, 1875. 

Lead (led), a miner's term, meaning a lode or the course of a vein. 

Leola, Leola Haynes, daughter of Capt. E. D. Haynes, an early settler. 

Lincoln, Abraham Lincoln. 

Lyman, Hon. W. P, Lyman, legislator and first settler in the county, 

McCook, Hon. Edwin S. McCook, secretary of territory, 1872-3. 

McPherson, Gen. J. B, McPherson, 



314 SOUTH DAKOTA, A REPUBLIC OF FRIENDS 

Madison, Madison, Wisconsin, by reason of similarity in lakes and topog- 
raphy. 
Marshall, named by county commissioners for Marshall Vincent, then a 

member of the board. 
Meade (med). Gen. Geo. G. Meade. 

Milbank, Jeremiah Mllbank, New York, a director of the C, M. & St. P. Ry. 
Miller, Henry Miller, an early settler. 

Miner, Capt. Nelson Miner and Hon. Ephraim Miner, legislators. 
Minnehaha, an Indian word, meaning "laughing water." 
Mitchell, Alexander Mitchell, President of C, M. & St. P. Ry. 
Moody, Hon. Gideon C. Moody, U. S. Senator, 1889-91. 
Moreau (mor'row), a French word, meaning "extremely well," the name 

of a trader whose post was at the mouth of the river in 1832. 
Parker, Kimball Parker, civil engineer locating the railway through the 

place. 
Pennington, Hon. John L. Pennington, Governor, 1874-78. 
Pierre (pir), Pierre Chouteau, who built Ft. Pierre in 1832. 
Plankinton, William Plankinton, Milwaukee. 
Platte (plat), from Platte river, corrupted from Pratte, a St. Louis 

trader, Bernard Pratte. 
Pollock, R. W. Pollock, a pioneer of Campbell county. 
Roberts, S. G. Roberts, Fargo. N. D. 

Salem, a Hebrew word, meaning "peace," named for a town in Mass. 
Sanborn, Supt. Geo. W. Sanborn of the C, M. & St. P. Ry. 
Sioux (soo), as in Sioux Falls, see footnote in chapter I. 
Sfsseton (sis'e ton), a tribe of Sioux Indians, 
Spink, Hon. S. L. Spink, delegate to Congress, 1869-71. 
Stanley, Gen. Daniel S. Stanley, commanding Ft. Sully. 
Stui-gis (sttir'gis). Gen. Sturgis. 
Sully, Alfred Sully of the United States army. 
Tripp, Hon. Bartlett Tripp, Yankton, S. D., Chief Justice territorial 

supreme court, 1885-89 ; Minister to Austria-Hungary, etc. 
Turner, Hon. J. W. Turner, legislator. 
Vermillion, river is so named from outcrops of red earth along its banks, 

and because early explorers thought it led up to the pipestone quarries. 
Walworth, for a county of that name in Wisconsin. 
Watertown, a town of New York, by settlers from that place. 
Webster, John P. Webster, an early settler. 
Wessington, a teamster of that name in Col. Noble's party who discovered 

the springs. 
Woonsocket, an Indian word, meaning "at the place of mist." 
Yankton, corruption of Ehanktonwan, the name of a tribe of Indians. 

TERRITORIAL GOVERNORS. 

William Jayne 1862-63 William A. Howard 1878-80 

Newton Edmunds 1863-66 Nehemiah G. Ordway 1880-84 

Andrew J. Faulk 1866-69 Gilbert A. Pierce 1884-87 

John A. Burbank 1869-74 Louis K. Church 1887-89 

John J. Pennington 1874-78 Arthur C. Mellette 1889 

DELEGATES TO CONGRESS. 

J. B. S. Todd 1862-64 G. G. Bennett 1879-81 

W. A. Burleigh 1864-69 R. F. Pettigrew 1881-83 

S. L. Spink 1869-71 J. B. Raymond 1883-85 

M. K. Armstrong 1871-75 Oscar S. Gifford 1885-88 

J. P. Kidder 1875-79 Geo. A. Mathews 1888-89 

NOTE — Geo. A. Mathews was elected delegate to congress in November, 
1888, his term to commence March 4, 1889. Congress did not convene 
until December following. Before that time statehood had been accom- 
plished, and he was therefore never sworn in. 

STATE GOVERNORS. 

Arthur C. Mellette 1889-1892 Samuel H. EIrod 1905-1906 

Charles H. Sheldon 1893-1896 Coe I. Crawford 1907-1908 

Andrew E. Lee 1897-1900 Robert S. Vessey 1909- 

Charles N. Herreid 1901-1904 



APPENDIX 



315 



REPRESENTATIVES IN CONGRESS. 



0. S. Giffiord 18S9-1891 

J. R. Gamble (a), 1891- 

J. L. Jolley 1891-1893 

W. V. Lucas 1893-1895 

R. J. Gamble 1895-1897 

Freeman Knowles 1897-1899 

R. J. Gamble 1899-1901 

E. W. Martin 1901-1907 

W. H. Parker (b) 1907-1908 

E. W. Martin 1908- 



J. A. Pickler 1889-1897 



E. Kelly 1897-1899 

H. Burke 1899-1907 



Philo Hall 1907-1909 

C. H. Burke 1909- 



(a) Died in the summer of 1891. J. L. Jolley was elected at a 
special election in November, 1891. (b) See page 235. 

(UNITED STATES SENATORS. 



G. C. Moody 1889-1891 

J. H. Kyle (a) 1891-1901 

A. B. Klttredge 1901-1909 

(a) See page 236. 



Coe I. Crawford 1909- 

R. F. Pettigrew 1889-1901 

R. J. Gamble 1901- 



JUDGES OF THE SUPREME COURT. 



Dlghton Corson ....... .1889- 

Alphonso G. Ksllam 1889-1896 

John E. Beliiiett 1S89-1894 

Dick Haney 1899- 



H. G. Fuller 1904-1909 

Charles S. Whiting 1910- 

James H. McCoy 1910- 

Ellison G. Smith 1910- 



POPULATION. 

South Dakota 583,888 In 1910; 455,185 in 1905; 401,570 in 1900; 

830,975* in 1895 ; 328,808* in 1890. 
Portion of Dakota territory now included in state of South Dakota 

262,560* in 1885 ; 98,711* in 1880 ; 11,915* in 1870 ; 2,402* in 1861. 
♦Before 1900 Indians and half-breeds were not Included. 



County. County Seat. Area. 

Armstrong 

Aurora Plankinton 724 

Beadle Huron 1,270 

Bon Homme Tyndall 569 

Brookings Brookings 817 

Brown Aberdeen 1,745 

Brule Chamberlain 808 

Buffalo Gann Valley 483 

Butte Belle Fourche 2,280* 

Camplsell Mound City 765 

Charles Mix Geddes 1,133 

Clark Clark 987 

Clay Vermillion 415 

Codington Watertown 786 

Corson Mcintosh 1,296* 

Custer Custer City 1,612 

Davison Mitchell 486 

Day Webster 1,077 

Deuel Clear Lake 621 

Dewey Timber Lake 1,044* 

Douglas Armour 445 

Edmunds Ipswich 1,176 

Fall River Hot Springs 1,757 

Faulk Faulkton 1,010 

Grant Milbank 694 

Gregory Fairfax 1,004 

Hamlin Castlewood 543 

Hand Miller 1,418 

Hanson Alexandria 486 

Harding Buffalo 2,592* 

Hughes Pierre 765 

Hutchinson Olivet .,...,,.....,,, 817 



Organ- 


P0pUl£ 

1900. 


ition. 


ized. 


1910. 




8 


647 


1881 


4,011 


6,143 


1880 


8,081 


15,778 


1862 


10,379 


11,061 


1871 


12,561 


14,178 


1880 


15,286 


25,867 


1875 


5,401 


6,451 


1871 


1,790 


1,589 


1883 


2,907 


4,993 


1883 


4,527 


5,244 


1879 


8,498 


14,899 


1880 


6,942 


10,901 


1862 


9,316 


8,711 


1878 


8,770 


14,092 


1910 




2,929 


1877 


2,728 


4,458 


1873 


7,483 


11,625 


1881 


12,254 


14,372 


1878 


6,656 


7,768 


1910 




1,145 


1882 


5,012 


6,400 


1883 


4,916 


7,654 




3,541 


7,763 


1883 


3,547 


6,716 


1878 


9,103 


10,303 


1898 


2,211 


13,061 


1878 


5,945 


7,475 


1882 


4,525 


7,870 


1871 


4,947 


6,237 


1909 




4,228 


1880 


3,684 


6,271 


1871 


11,897 


12,31d 



316 



SOUTH DAKOTA, A REPUBLIC OF FRIENDS 



Organ- 
County. County Seat. Area. ized. 

Hyde Highmore 875 1884 

Jerauld Wessington Springs . . . 548 1883 

Kingsbury Desmet 834 1879 

Lake Madison 576 1873 

Lawrence Deadwood 814 1877 

Lincoln Canton 579 1867 

Lyman ..Tacoma 3,456 1893 

McCook Salem 575 1879 

McPherson Leola 1,146 1883 

Marshall Britton 880 1885 

Meade Sturgis 3,500 .... 

Miner Howard 569 1880 

Minnehaha Sioux Falls 802 1868 

Moody Flandreau 517 1873 

Pennington Rapid City 4,300 1877 

Perkins Bison 2,808* 1909 

Potter Gettysburg 900 1883 

Roberts Sisseton 1,102 1883 

Sanborn Woonsocket 576 1883 

Schnasse 

Spink Redfield 1,518 1879 

Stanley Fort Pierre 4,882 1889 

Sterling 

Sully Onida 1,052 1883 

Tripp 1,656* 1909 

Turner Parker 618 1871 

Union Elkpoint 447 1862 

Walworth Bangor 745 1883 

Yankton Yankton 515 1862 

tZiebach Dupree 1,872* 1911 

Pine Ridge Indian Reservation (boundaries 

changed since 1900) 

Rosebud Indian Reservation (boundaries 

changed since 1900) 

Crow Creek Indian Reservation in Buffalo, 

Hughes and Hyde counties 

Lower Brule Indian Reservation in Lyman 

and Stanley counties 

* Approximately correct. 

t Created by the legislature, 1911. 



Population. 
1900. 1910, 
1,492 



2,798 

9,866 

9,137 

17,897 

12,161 

2,632 

8,689 

6,327 

5,942 

4,907 

5,864 

23,926 

8,326 

5,610 

2,988 

12,216 

4,464 

9,487 
1,341 

1,715 

13,175 

11,153 

3,839 

12,649 



3,307 

5,120 

12,560 

10,711 

19,694 

12,712 

10,848 

9,589 

6,791 

8,021 

12,640 

7,661 

29,631 

8,695 

12,453 

11,348 

4,466 

14,897 

6,607 

292 

15,981 

14,975 

252 

2,462 

8,323 

13,840 

10,676 

6,488 

13,135 



6,827 6,607 

5,201 3,960 

1,123 1,037 

517 485 



SCHOOL STATISTICS FROM THE TENTH BIENNIAL REPORT OP 
THE STATE SUPERINTENDENT OF PUBLIC INSTRUCTION. 



1909. 

Number of school houses 4,518 

Value of houses and sites $6,935,873.56 

Teachers employed — 

Male 995 

Female 4,779 

Total 5,774 

School census — 

Male 81,266 

Female 76,616 

Total 157,882 

Enrollment below high school — 

Male 59,638 

Female 54,936 

Total 114,574 



1910. 
4.701 
$7,075,996.11 



1,006 
5,059 



6,065 

85,679 
81,341 



167,020 



61,084 
57,493 



118,577 



APPENDIX 317 

Enrollment in high school — 

Male 2,979 3,135 

Female 4,426 4,541 



Total 7,405 7,676 

Graduates — 

Eighth grade 2,871 3,160 

High school 683 727 



Total 3,554 3,887 

Indebtedness — • 

Bonds $2,047,403.90 $2,822,023.00 

Warrants 820,247.46 854,836.81 

Total $2,897,651.36 $3,677,859.81 

Cash in district and county treasuries 952,982.61 1,218,376.32 

Net indebtedness $1,847,105.10 $1,356,620.13 

Receipts for school year — 

Balance on hand July 1, 1908 $ 702,960.94 $ 847,274.28 

Received from apportionment 529,391.52 581,256.09 

Received from district tax 2,614,206.38 3,059,400.96 

Received from sale of bonds 542,701.83 306,667.08 

Received from other sources 208,768.67 268,729.79 

Total receipts $4,598,029.34 $5,063,328.20 

Expenditures for school year — 

School houses and sites $ 363,430.69 $ 416,210.45 

Furniture and fixtures 99,776,94 119,720.44 

Teachers' wages 1,806,948.13 1,997,719.42 

Salary of school officers 59,719.67 62.077.67 

Redemption of bonds 103,263.40 145,591.10 

Interest on bonds 94,170.81 97,148.40 

Redemption of warrants 622,801.34 574,483.01 

lT!;terest on warrants 58,306.42 52,177.82 

All other purposes 540,842.12 602,884.46 

Total expenditures $3,749,259.52 $4,068,012.77 

Cash in hands of district treasurers at 

close of year 848,769.82' 995,315.48 

Total, including cash on hand to 

balance receipts $4,598,029.34 $5,063,328.20 

RURAL SCHOOLS. 

New school houses built 283 

Increase in value of school property $342,853.33 

Increase in number of teachers employed 737 

Increase in monthly wages of teachers — 

Male $4.83 

Female $4.83 

Increase in school census 9,634 

Increase in enrollment in rural schools 4,987 

Increase in average daily attendance 3,651 

Increase in volumes in school libraries 60,402 

Increase in eighth grade graduates 261 

Average length of school term in 1910, days 135 

Average number of days attended by each pupil enrolled, 1910 84 

INDEPENDENT DISTRICTS. 

New school houses built 32 

Increase in value of school property $790,465.76 

Increase in net indebtedness 376,594.56 

Increase in number of teachers employed 324 

Increase in monthly wages of teachers — 

Male $3.73 

Female 2.91 

increase in school census ' 4,759 

Increase in enrollment below high school 2,783 

Increase in enrollment in high school 874 



318 



SOUTH DAKOTA, A REPUBLIC OF FRIENDS 



Increase in average daily attendance ...» 4»01§ 

Average number of days attended by each pupil, 1910 ...... 150 

**In computing the average cost for the education of one pupil> 
I have omitted such items of expenditures as were paid for School- 
houses and sites, furniture and fixtures, boiidg and interest oil bonds 
as being expenditures for improvements of a permanent nature. In- 
cluding all other expenditures I find the cost per pupil per day to be 
as follows: 

1905 1906 1907 1908 1909 1910 
Cents Cents Cents Cents Cents Cents 

Hurai districts ...»»* 21.1 21 20 23.4 25 27.3 

independent distdets 17.2 18 19.6 20.1 22 21.3 

'''Pupiis enrolled in rural schools attended school an average of 
S4 day^ each, making the annual cost per pupil about $22.93 for 
191^> Those enrolled in independent districts were in attendance 150 
t1%?S each, at a yearly cost of $31.95 each, for the same year. 

*' About 67 per cent of all pupils enrolled in the public schools 
were enrolled in the rural districts; 33 per cent were enrolled in in* 
dependent districts (5% per cent in regular high schools and 27% p&V 
cent in grades below the high school).'* 



POPULATION OP CITIES, TOWNS, AND VlLLAa^g. 

City, Town, or Village. County. 1910. 

Aberdeen city Brown 10,753 

Akaska town Walworth 114 

Albee village Grant 181 

Alcester village Union 409 

Alexandria city Hanson 955 

Alpena village Jerauld 417 

Altamont town Deuel 110 

Andover village Day 446 

Ardmore town Fall River 146 

Arlington town Kingsbury 791 

Armour city Douglas 968 

Artas village Campbell 

Artesian village Sanborn 583 

AsMon city Spink '430 

Aurora village Brookings 236 

Avon city Bonhomme 451 

Baltic town Minnehaha 278 

Bangor village Walworth .... 

Belle Fourche city Butte 1,352 

Beresford city J Lincoln 1 1,117 

( Union j 

Big Stone city Grant 551 

Blunt village Hughes 566 

Bonesteel city Gregory 563 

Bowdle village Edmunds 671 

Bradley town Clark 351 

Brandt town Deuel 158 

Bridgewater city McCook 934 

Bristol village Day 444 

Britton city Marshall 901 

Brookings city Brookings 2,971 

Bruce town Brookings 262 

Bryant city Hamlin 645 

Buffalo Gap town Custer 280 

Burke tov/n Gregory 311 

Camp Crook village.. . .Harding 1^0 

Canistota town MeCoefe . 409 

Canova village Miner 311 

Canton city , , , Lincoln . , 2,103 



1908. 


1900. 


1§90> 


4,087 


4,08? 


3,18a 


89 


;|;; 


.... 


366 


381 


.... 


938 


680 


.... 


341 


153 


— 


'sot 


225 


232 


28 






788 


314 


270 


1,125 


912 


482 


42 






444 


839 


256 


331 


274 


359 


213 






360 








19 


.... 


* * • • 


1,023 


451 


.... 


1,192' 


1,046 


. .: . 


532 


590 


m 


214 


246 


353 


754 


. . 


.... 


481 


622 


.... 


337 




.... 


132 


.... 


.... 


822 


691 


410 


488 


282 


199 


804 


519 


514 


3,265 


2,346 


1,518 


191 


«... 


.... 


750 


405 


172 


.... 


• • • . 




.... 


.... 




'365 


• • • • 




233 


169 




2,279 


1,943 


1,101 



APPENDIX 319 



City, Town or Village. County. 1910. 

Carthage village Miner 554 

Castlewood town Hamlin 594 

Cavour town Beadle 408 

Centerville city Turner 971 

Central City town Lawrence 296 

Chamberlain city Brule 1,275 

Chancellor village Turner 160 

Claremont village Brown 294 

Clark city Clark 1,220 

Clear Lake city Deuel 704 

Colman village Moody 362 

Colton town Minnehaha 407 

Columbia city Brown 235 

Conde city Spink 592 

Corsica town Douglas 286 

Cresbard town Faulk 320 

Custer city Custer 602 

Cyanide village Lawrence 

Dallas city Gregory 1,277 

Davis village f.ui'^ier 164 

De Smet city Kingsbury 1,063 

Deadwood city Lawrence 3,653 

Dell Rapids city Minnehaha 1,367 

Delmont town Douglas 369 

Doland city Spink 581 

Draper town Lyman 211 

East Sioux Falls city. . Minnehaha 268 

Edgemont city Fall River 816 

Efflngton town Roberts 46 

Egan village Moody 516 

Elk Point city .Union 1,200 

Elkton village Brookings 742 

Emery village Hanson 446 

Englewood village Lawrence 

Erwin town Kingsbury 230 

Estelline town Hamlin 509 

Ethan town Davison 312 

Eureka city McPherson 961 

Evarts town Walworth 

Fairfax town Gregory 500 

Fairview town Lincoln 107 

Faulkton city Faulk 802 

Flandreau city Moody 1,484 

Florence town Codington 270 

Fort Meade Meade 

Fort Pierre city Stanley 792 

Frankfort city Spink 408 

Frederick village Brown 433 

Freeman town Hutchinson 615 

Galena town Lawrence 109 

Gann Valley village . . . Buffalo 

Garretson city Minnehaha 668 

Gary town Deuel 477 

Gay ville town Yankton 257 

Geddes city Charles Mix 701 

Gettysburg city Potter 936 

Glenham town Walworth 182 

Goodwin town Deuel 145 

Greenmount village. . . . Lawrence 

Gregory city Gregory 1,14«2' 

Groton city Brown 1,108 

Harrisburg town Lincoln 164 

Harrold village Hughes 230 

Hartford village Minnehaha 648 

Hazel town Hamlin 229 

Hecla village Brown 462 

Henry village Codington 441 

Hermosa town Custer .....«.,,« 114 



1905. 


1900. 


1890. 


370 


265 


200 


611 


430 


.... 


145 


98 




922 


871 


723 


684 






1,007 


874 


939 


131 






144 


120 


121 


985 


684 


592 


630 


491 


147 


366 


213 




142 


143 


400 


282 


195 





'596 


*599 


'790 


146 








'266 


'isi 


.... 


985 


749 


541 


4,364 


3,498 


2,366 


1,339 


1,255 


993 


400 




. . . 


350 


235 


216 


'229 


'2.32 


*577 


490 


479 




33 


36 




540 


503 


399 


1,282 


1,081 




532 


578 


331 


415 


247 




91 




.... 


178 


131 




471 


357 


210 


260 






693 


961 


552 


265 


.... 




386 


.... 





97 






655 


539 


462 


1,455 


1,244 


569 


162 




.... 


505 


395 


360 


313 


198 


186 


304 


251 


281 


601 


525 




129 




.... 


66 


.... 


.... 


640 


500 


341 


502 


345 


277 


291 






616 


.... 


.... 


.... 


.... 


.... 




. • . » 


.... 


132 


.... 


.... 


262 


.... 





1,064 


700 


'684 


145 


. . . 






57 




586 


423 


* • » ^ 


210 




» ^ . 


271 


160 




358 


191 


194 


*. . . 


77 


XU 



320 



SOUTH DAKOTA, A REPUBLIC OF FRIENDS 



Herreid town Campbell . 

Herrick town Gregory . . 

Hetland village Kingsbury 

Highmore city Hyde 

Hill City town Pennington 

Hitchcock town Beadle . . . 

Hosmer village Edmunds . 

Hot Springs city Fall River 

Hoven town Potter . . . 

Howard city Miner .... 

Hudson town Lincoln . . 

Hurley city Turner . . . 

Huron city Beadle . . . 

Ipswicb city Edmunds . 



rc,a. 



Irene village < Turner . 

[Yankton 
Iroquois town | Beadle 



i Kingsbury .... J 



Java town Walworth 

Jefferson village Union 

Kadoka town Stanley . . . . 

Kennebec town Lyman .... 

Kimball city Brule 

Lake Andes town.. .... Charles Mix 

Lake Norden town Hamlin . . . 

Lake Preston city Kingsbury . 

Lane village Jerauld . . . 

Langford village Marshall . . 

Le Beau town Walworth . 

Lead city Lawrence . . 

Lemmon city Perkins . . . 

Lennox city Lincoln . . . . 

Leola town McPherson . 

Lesterville village Yankton ... 

Letcher village Sanborn . . 

Lily village Day 

Lowry town Walworth . . 

Mcintosh town Corson . . . . 

Madison city Lake 

Marietta village Fall River. . 

Marion village Turner .... 

Mellette city Spink 

Menno town Hutchinson 

Midland town Stanley . . . , 

Millbank city Grant 

Miller city Hand 

Mitchell city Davison . . , 

Mobndge town Walworth . 

Monroe village Turner . . . 

Montrose town McCook . . . 

Morristown town Corson . . . . 

Mound City village. .. Campbell ., 

Mount Vernon city Davison ... 

Murdo city Lyman 

^T^^? village Lawrence . , 

Northville city Spink 

Oacoma town Lyman . . . , 

Oelrichs town Fail River 

Oldham village Kingsbury 

Olivet town Hutchinson 

Onida village Sully 

Ortley town Roberts ... 

Parker city Turner . . . 

Parkston city Hutchinson 

Peeyer village Roberts . . . 

Phihp city Stanley . . . 

Pierpont village Day 

Pierre city Bughes 

Plankinton city Aurora . . . . 



414 
412 
223 

1,084 
271 
259 
217 

2,140 
209 

1,026 
404 
506 

5,791 
810 

263 

578 

473 
407 
222 
252 
713 
920 
202 

1,007 
294 
463 
210 

8,392 

1,255 
745 
484 
279 
402 
175 
90 
409 

3,137 



462 

472 

621 

210 

2,015 

1,202 

6,515 

1,200 

169 

442 

222 



614 

372 



392 
235 
150 
355 
133 
319 
192 
1,224 
970 



578 

314 

3,656 

712 



224 
206 
241 
507 


"162 
376 


'435 


*i96 

168 

2,006 


'i35 
l,3i9 


1,423 


705 
439 
474 

3,783 
396 


588 
400 
444 
2,793 
397 


'262 

344 

3,038 

539 


364 


229 


.... 


411 


276 


183 


277 
412 


'364 


'229 


'462 
401 


*453 


'593 


■936 


■706 


'337 


■349 


"239 


198 


8,052 


6,210 


2,581 


744 


591 


363 


*255 
329 
157 


*244 
130 




2,914 

19 

455 

402 

581 


2,550 

'338 
354 
556 


1,736 

'24i 
413 


i.iis 

702 

5,719 

208 


1,426 

544 

4,055 


1,207 
536 

2,217 


■47! 


'375 





99 
412 


'222 


'127 


'26i 
304 


"243 




'25.3 
393 
161 


' 2'^2 
156 


'ios 


1,227 
862 
137 


"893 
596 


'728 
262 


■308 

2,794 

606 


2,306 
465 


3,235 
604 



APPENDIX 321 



City, Town or Village. County. 1910. 

Platte city Charles Mix 1,115 

Pluma village Lawrence 

Pollock town Campbell 304 

Presho city Lyman 635 

Preston village Lawrence 

Pukwana town Brule 164 

Ramona town Lake 312 

Rapid City Pennington 3,854 

Raymond village Clark 241 

Redfield city Spink 3,060 

Revillo village Grant 332 

Rockham village Faulk 286 

Roscoe village Edmunds 357 

Roswell village Miner 167 

Roubaix village. ...... Lawrence 

Rumford village Fall River 

St. Lawrence town Hand 305 

Salem city McCook 1,097 

Scotland city Bonhomme 1,102 

Selby city Walworth 558 

Seneca village Faulk 321 

Sherman village Minnehaha 138 

Sioux Falls city Minnehaha 14,094 

Sisseton city Roberts 1,397 

South Shore town Codington 335 

South Sioux Falls town.Minnehaha 132 

Spearfish city Lawrence 1,130 

Spencer town McCook 506 

Springfield city Bonhomme 675 

Stickney town Aurora 310 

Sturgis city Meade 1,739 

Summit town ......... Roberts 545 

Tabor town Bonhomme 273 

Tea town Lincoln 134 

Terraville village Lawrence 

Terry village Lawrence 

Tinton village Lawrence 

Tolstoy town Potter 142' 

Toronto town Deuel 424 

Tripp town Hutchinson 675 

Turton town Spink 240 

Twin Brooks village. . . Grant 190 

Tyndall city Bonhomme 1,107 

Utica town Yankton 103 

Valley Springs city. . , . Minnehaha 331 

Veblen village Marshall 173 

Verdon town Brown 136 

Vermilion city Clay 2,187 

Viborg city Turner 410 

Vienna town Clark 453 

Vilas village Miner 

Volga city Brookings 568 

Volin town Yankton 286 

Wagner city Charles Mix 964 

Wakonda village Clay 326 

Wall town Pennington 167 

Wallace town Codington 207 

Ward village Moody 72 

Watertown city Codington 7,010 

Waubay village Day 803 

Webster city Day 1,713 

Wentworth town Lake 329 

Wessington town Beadle 576 

Wessington Springs city.. Terauld 1,093 

White village Brookings 468 

White Lake city Aurora 507 

White Rock town Roberts 368 

Whitewood town Lawrence 390 



1905. 


1900. 


1890. 


700 


.... 


.... 


105 


.... 


.... 


195 


.... 





50 


. . * . 


.... 


126 


... 


.... 


299 


172 


.... 


1,797 


1,342 


2,128 


1,591 


1,015 


796 


254 


187 


.... 


• . . • 


.... 


• • • • 


134 


92 


114 


94 


50 




457 




.... 


5 






149 


115 


320 


810 


741 


429 


1,120 


964 


1,083 


349 








12,283 


10,266 


10,i77 


1,375 


928 


.... 


270 




.... 


103 


114 


.... 


1,158 


1,166 


678 


393 


332 




717 


525 


302 


1,329 


1,166 


*668 


373 


237 




301 







"633 


.... 




483 


.... 




108 








411 


*447 


*i48 


496 


366 


226 


175 


.... 


.... 


1,171 


1,167 


509 


73 






362 


388 


308 


146 






121 






2,147 


2,183 


1,496 


329 


222 


.... 


371 


171 




156 






552 


396 


298 


245 


.... 


.... 


513 




.... 


246 


220 





"74 








5,164 


3,352 


2,672 


540 


430 


.... 


1,918 


1,506 


618 


296 


181 





■722 


■326 


.... 


479 


454 


137 


366 


264 


366 


337 


170 




352 


311 


443 



322 SOUTH DAKOTA, A REPUBLIC OF FRIENDS 

City, Town or Village* County. 1910. 1905. 1900.- 1890 

Willow Lake town. . . .Clark 437 298 210 240 

Wilmot city Roberts 427 

Winf red town , . . Lake , 243 

Wolsey town Beadle 436 

Woonsocket city Sanborn 1,027 929 648 Q8l 

Worthing village Lincoln 179 220 213 .... 

Yankton city Yankton 3,787 4,189 4,125 3,670 



298 


210 


391 


352 


228 




182 


122 


929 


648 


220 


213 


4,189 


4,125 



GLOSSARY. 

If you do not find the definition or explanation yoit seek in this 
list, consult the reference given in the liidex-. 

ABSTRACT OF TITLE. An outline hisfory blE the title or ownership of 
land, giving each transfer^ inol-tgage, lien or other charge affecting 
the ownership^, 

ACKN0WLEI)0MENT. The act by which one who has signed a deed 
or other legal paper declares before a justice, judge, or notary public 
that it is his free act and deed. The certificate of the officer is also 
called an acknowledgment. 

ACTION. The proceeding in court to enforce a right. Also called a 
suit. A criminal action is one prosecuted by the state against a 
person charged with a public offense, for the punishment thereof. 
All others are civil actions. 

ADMINISTRATOR. A man appointed by a county judge to take charge 
of the property or estate of a person who has died without making 
a will. If a woman is appointed she is called an administratrix. 

AFFIDAVIT. A written declaration under oath, made without notice to 
the adverse party. See "deposition." 

ASSETS. Property available for the payment of debts. 

ATTACHMENTS. The seizure of property by a legal process for the 
purpose of having it disposed of according to law. 

BAIL. The security given for the appearance of a prisoner before the 
court. The bail may be cash or a bond signed by some person who is 
competent to pay the sum named if the prisoner does not appear at 
the proper time. Where a prisoner's own bond is accepted it is called 
a recognizance. 

BAILMENT. The holding by one person of another person's property. 
The person holding the property is called the bailee. The owner is 
the bailor. 

CERTIORARI. See "writ." 

CHATTEL. An article of personal property. 

CHATTEL MORTGAGE. A mortgage in which horses, furniture, or other 
chattels are offered as security for the payment of a debt. 

CODE. A body of laws on a given subject. In 1903 the state legislature 
adopted what are called the '"Revised Codes of 1903." These include 
a political code, a civil code, a code of civil procedure, a probate 
code, a justice code, a penal code, and a code of criminal procedure. 

COMMON LAW. The old laws of England developed by usage. They are 
in force in South Dakota in those cases not provided for by legis- 
lative enactment. 

CONTRACT. A contract is an agreement between two or more persons', 
based upon consideration, to do or not to do some particular thing. 
To be legal and binding : 

1. There must be an offer by one party and an acceptance of the 
offer by another. 

2. The parties to the contract must be of lawful age and souncl 
mind, excepting when it is a contract for necessaries. 

3. There must be consideration. This may be money, goods, or a 
valuable act performed, or a promise of it. If a contract without 
consideration has been performed it is legal, but a gratuitous promise 
cannot be enforced. A past consideration will not support a promise. 

4. The thing performed must not be unlawful. 

5. An oral contract is just as binding as a written contract with 
a few exceptions. The following contracts must be in writing to be 
enforced in South Dakota : 

a. For the sale of land or for its rental for more than one 
year. 

b. For the sale of personal property to the value of $50.00 or 
more, unless there be a part payment or the delivery of a part 
of the goods. 

c. Contracts not to be performed within a year or extending 
over more than a year. 

d. An agreement to pay the debt or default of another. 

e. An agreement made upon consideration of marriage, other 
than a mutual promise to marry. 

323 



324 SOUTH DAKOTA, A REPUBLIC OF FRIENDS 

CORPORATION. "A corporation is a creature of the law, having certain 
powers and duties of a natural person." "Corporations are either 
public or private." "Public corporations are formed or organized for 
the government of a portion of the state. Such corporations are 
regulated by the political code, or by local statute. Private corpora- 
tions are formed for the purpose of religion, benevolence, education, 
art, literature, or profit ; and all corporations not public are private. 
The instrument by which a private corporation is formed is called 
'articles of incorporation,' or 'certificate of incorporation.' And one- 
third of the officers of such corporations shall be residents of this 
state." — Civil Code. 

DEED, WARRANTY. A written contract whereby one person conveys 
his right and title to land to another person and guarantees his 
ownership. A quitclaim deed simply conveys whatever title is pos- 
sessed but does not warrant the ownership. 

DEFENDANT. The party against whom an action is brought. 

DELINQUENT, (a) A person under eighteen years of age who is guilty 
of immorality, truancy from school, the use of cigarettes, or other 
wrong doing. Such person is subject to commitment to the stat« 
training school, (b) Taxes or debts due and unpaid are said to be 
delinquent. 

DEPOSITION. A written declaration under oath, made after notice has 
been sent to the adverse party for the purpose of enabling him to at- 
tend and cross-examine ; or made upon written questions. When it is 
impossible for a witness in a case to attend court and testify, his 
deposition may be taken and presented as evidence. 

EASEMENT. Certain rights in land are called easements. Among them 
are the right of pasturage, of fishing, of hunting, or travel, of water, 
of wood or minerals, of conducting lawful sports, of burial. (If a 
person has the right to be buried on a certain piece of land this 
right is called an easement.) 

EMINENT DOMAIN. The right of the government to take private prop- 
erty for public uses. This right may be exercised by the United 
States, the state, the county, the city, the township, the town, and 
the school district. The state permits railroads, and telegraph and 
telephone companies to exercise the right of eminent domain to a 
certain extent. All private property thus taken must be paid for. 
If necessary a board of appraisers is appointed to determine the value 
of the property. 

EXECUTION, a. The legal taking of a human life ; in South Dakota by 
hanging. It is called capital punishment and may be inflicted only 
for treason or murder in the first degree (deliberately planned). 
Many states have abolished capital punishment, as it is not a pre- 
ventive of crimes of that kind. 

b. The legal process of taking property for the payment of a debt. 
There are three kinds of executions: (1) against the property of one 
who owes debts, has been sued and judgment has been rendered 
against him by the court. (See Exemptions in the Index.) (2) 
Against the person in the form of an arrest if he is about to leave 
the state without paying his debts, or if property is being concealed 
or shipped away to prevent its being seized for debts. (3) For the 
delivery of the possession of property. Replevin or "claim and de- 
livery" is a process whereby the sheriff seizes property rightfully 
belonging to another person. In no case can a person compel an- 
other to yield possession of property, even though wrongfully held. 
A peace officer, with proper authority from a judge or justice of the 
peace, alone can lawfully do this. This is also true of selling 
mortgaged property. 

EXECUTOR (eks-e'cu-ter). A person named in a will to carry out its 
provisions. 

EXEQUATUR (eks-e-kwa'tur). A writ issued by the federal secretary of 
state to a consul from a foreign country authorizing him to exercise 
his powers in the place to which he Is assigned. 

FELONY. A crime punishable by death or penitentiary imprisonment. A 
lesser crime is called a misdemeanor. 

FRANCHISE. A privilege granted an individual or corporation, such as 
a right to conduct an electric lighting plant in a city. The term is 
also applied to the right to vote. 

FREE COINAGE. The right to present a metal at a mint and have it 
coined into money. We have the "free coinage" of gold but not of 



APPENDIX 325 

any other metal. Whether the government makes charge for the 
coinage (the United States does not) has nothing to do with the 
use of the term. 

GERRYMANDER. A political device in the districting of a state to have 
the boundaries so arranged that large numbers of the opposite party 
may be in a few districts so that in the majority of the districts the 
party which does the gerrymandering may elect representatives. 

INDETERMINATE SENTENCE. Certain criminals may be sentenced to 
the penitentiary for an indefinite period. When the governor of the 
state thinks best the prisoner is found employment and released on 
parole, that is, on good behavior, for a certain length of time, usually 
six months, after which he may be given freedom. 

INFANT. A person under twenty-one years of age is called, in legal 
terms, an infant. 

INJUNCTION. See "writ." 

INTEREST. Money paid for the use of money is called interest. Legal 
interest is the rate which must be paid when there is no rate specified 
or upon a warrant, note, draft or other debt that is due and unpaid. 
The legal rate in South Dakota is seven per cent. It is unlawful to 
charge more than twelve per cent. An interest charge in excess of 
twelve per cent is called usury. No interest can be collected on a 
note specifying a rate higher than twelve per cent. 

LEGACY. A gift by will. 

LIEN (leen). A claim which a person has upon the property of another 
because of a debt. 

MAJORITY, (a) Twenty-one years of age. (b) Over one-half the total. 

MANDAMUS. See "writ." 

MARQUE, LETTERS OF. A "mark" or "march" meant the boundary; 
a letter of marque authorized the person receiving it to cross the 
boundary and seize property of the enemy. Private ships given 
authority of this kind are called privateers. Most nations no longer 
grant "letters of marque and reprisal." 

MINOR. A person under twenty-one years of age. 

MISDEMEANOR. See "felony." 

MORTGAGE. A written grant or conveyance of property to a creditor 
for the security of a debt, to become void when the debt is paid. The 
one who gives the mortgage is called the mortgagor ; the one who 
receives it is the mortgagee. The ownership and possession of the 
property remain with the mortgagor. The legal process by which the 
ownership and possession pass to the mortgagee is called foreclosure. 
Redemption is the process by which the mortgagor may again recover 
the property he lost through foreclosure. 

NOTARY PUBLIC. A person appointed by the governor for four years 
(renewable) and given the power to administer oaths, acknowledg- 
ments, affidavits, and depositions anywhere within the state. 

ORDINANCE. A law for the government of a city or town passed by the 
authorities of the city or town. 

PASSPORT. A document issued by the federal secretary of state to a 
citizen certifying that he is a citizen and entitled to the protection 
and safety accorded such citizens when traveling in a foreign coun- 
try. In order to travel in Russia and in many other countries one 
must have a passport from his home country. 

PENAL (pe'nal). Pertaining to punishment, more particularly to the 
penitentiary. 

PERJURY. A willful falsehood made under oath or affirmation. Perjury 
is a penitentiary offense. 

PERSONAL PROPERTY. See "real property." 

PLAINTIFF. The party who brings an action at law against another. 
If a criminal action the government is always the plaintiff. 

PLURALITY. In an election, the highest number of votes. Suppose A 
i-eceives 1,000 votes ; B, 1,200 votes ; C, 900 votes. B will then have 
a plurality of the votes but not a majority (over one-half the total 
number). For most offices the one receiving a plurality of votes is 
elected, even though he may not have a majority. 

POWER OF ATTORNEY. By an attorney we usually mean a lawyer who 
has been licensed to practice in the courts. In this case it means 
a writ which authorizes one person to sign another person's name. 
A power of attorney must be acknowledged before a notary public, 
justice, or judge. An infant cannot give a power of attorney, though 
he may receive one. 



326 SOUTH DAKOTA, A REPUBLIC OF FRIENDS 

PROHIBITION, WRIT OF. See "writ." 

QUASH. To set aside or make void. 

QUO WARRANTO. See "writ." 

REAL ESTATE. By real estate or real property is meant that property 
which is fixed and immovable, such as land and what is erected or 
growing on it or found beneath it. Other property is called per- 
sonal. Some things which are movable are real property, such as 
■ fences. A house erected on rented land and built with the intention 
of moving it is personal property. Most growing crops on rented 
land are personal property (called emMements) . 

REQUISITION, (a) A foimal demand by the ruler of a country upon 
the ruler of another country (or the governor of one state upon the 
governor of another state) for the surrender of a person who is 
charged with a crime. The response to a requisition is called ex- 
tradition, (b) A demand made by a person or officer upon some 
governmental authority for supplies or the payment of a debt. 

SMUOGLINO. Bringing goods into a country without paying the re- 
quired duties, or import taxes. 

STATUTE. A law enacted by the state legislature or by congress. 

STATUTE OF LIMITATIONS. A law requiring that an action for debt 
must be commenced within a certain time or the debt cannot after- 
wards be legally collected. On open accounts, as with a store, the 
time in South Dakota is six years from the date of the last account ; 
on notes it is six years from the time the note is due ; a judgment 
for a debt must be collected within ten years. 

SUBPOENA. A subpoena (Lat. suh, under+poena., punishment) is a writ 
summoning a witness to court. 

SUFFRAGE. The right to vote. 

SUIT. A proceeding at law. An action. 

TRIAL. A judicial examination of the issues between parties, whether 
issues of law or of fact. 

VENIRE (ve-ni're). A venire (meaning "to go") is a writ summoning a 
juror to court. 

VENUE, (a) The place where an action is tried. If the judge is related 
to a party to a suit a change of venue may be demanded, (b) The 
heading of legal documents showing the place, — the state and county. 

VOID. Null, of no effect. A contract to do an unlawful act is void. 

VOIDABLE. Capable of being made void. Most contracts made by a 
minor are voidable by the minor. 

WATERED STOCK Stock, or shares in a corporation, which do not 
represent actual investment. If a factory costs ten thousand dollars 
and shares to the value of twenty thousand dollars are issued, it is 
plain that half of the stock is a make believe investment, or "water." 
Such proceedings are unlawful. 

WILL. A written instrument by which a person makes a disposition of 
his property to take effect after his death. 

WRIT. Special civil proceedings are provided for by the issuance of 
certain writs by the state supreme court or a circuit court. 

A writ of mandamus (mandare — to command) summons a person to 
court, usually an officer, to show why he does not to do some specified 
thing i-equested or required of him. After an investigation the judge 
decides whether he must do it. A county treasurer may refuse to 
pay a warrant issued by the county auditor if he thinks the claim 
is unlawful. A writ of mandamus may be issued by the judge com- 
manding him to show why he does not pay the warrant. The judge 
then decides whether it shall be paid. A writ of proMMtion is the 
counter-part of a writ of mandamus, stopping the performance of an 
act believed to be unlawful. An injunction is a form of a writ of 
prohibition (though sometimes it commands performance). The state 
supreme court or a circuit court may issue any of these writs. In case 
a court or board has exceeded its authority, a higher court may issue 
a writ of certiorari (ser-shi-o-ra'ri) whereby the case or proceedings 
are reviewed and corrected. A writ of quo warranto, mentioned in 
the constitution, was formerly issued to determine "by what right" 
a person occupies an office. It is rarely used now, however, but any 
such matter is settled by a civil action. 



INDEX 



A 



PAGES 



Aberdeen 70, 239, 313-318 

Abstract of title 323 

Acknowledgment 323 

Action 323 

Administrator 323 

Affidavit 323 

Affirm (see Oath) 

Agricultural exp. station 263 

Alaska 318 

Albee 318 

Alcester 318 

Aldermen 186 

Alexandria 318 

Alien 240 

Alfalfa 67 

All Saints' School 79 

Alpena 318 

Altamont, town 318 

Moraine 32 

Alternates 250 

Altitudes 71, 72, 73 

Ambassadors 254 

Amendments — 

to federal constitution 272 

to state constitution 148 

Amidon, Joseph 107 

Anarchist 241 

Ancient ice sheet 31 

Andover 318 

Antelope moraine 36 

Anticyclones 52 

Appellate jurisdiction 196 

Appointments 141 

Apportionment — 

federal 233 

state 121 

Appropriations 301 

Ardmore 318 

Area of state 27 

of counties 315 

Arlington 318 

Armour 313-318 

Armstrong, county 315 

Moses K 88, 277 

Arrest 166 

Artas 318 

Artesian, village 318 

wells 42 

Ashley, W. H 106 

Ashton 318 

Assay office, lU. S 71 

Assessment 164 

Assessor 176, 181, 189 

Assets 323 

Attachment 322 

Atlantic Ocean 52 



PAGES 

Attorney, city 189 

power of 325 

state's 168 

to license 197 

Attorney general 147 

Auditor, city 189 

county 167 

state 142 

Augustana college 78, 79 

Aurora, county 313-315 

village 318 

Austria-Hungary 254 

Avon 318 

B 

Bad lands 30-44 

Bad river (see Teton river).. . 

Bail 323 

Bailment 322 

Ballot . 225 

Ballot box 226 

Baltic 318 

Bangor 318 

Bank, deposits 63 

examiner 148 

Bankruptcy 241 

Barbecue 224 

Barley 67 

Beadle, county 313-315 

W. H. H 9, 93, 95 

Bear Butte 72 

Belknap, W. W 235 

Belle Fourche, city 313 

river 30 

Beresford 313-318 

Bible 215-242 

Big Foot 109 

Big Stone, city 318 

lake 38 

Bill, legislative 131 

Bismarck, N. D 95 

Black Hills 30-39 

Black Hills War 107 

Black Moon 108 

Bliss, Philemon 82 

Blizzards 53 

Blount, William 235 

Blunt 318 

Boards, state. Chap. X (see 
also Commissioners, Equal- 
ization, Health, Regents, 

etc.) 

Bonesteel 313 

Bon Homme .313-315 

Boundaries of S. D 27-29 

Boss, political 221 



328 



INDEX 



PAGES 

Bowdle 313-318 

Bradley 318 

Brand (see Mark) 

Brandt 318 

Bribe 281 

Bridges 163 

Bridgewater 318 

Bristol 318 

Britton 313, 318 

Bromus 67 

Brookings, county 313-315 

city 73 

Wilmot W 87 

Brown county 313-315 

Bruce 318 

Brugnier, T 87 

Brule, county 313-315 

Lower, Indians 109, 316 

Bryant 318 

Buffalo, county 313 

grass 67 

Buffalo Gap 318 

Building inspector 150 

Burbank, J. A 314 

Bureau (see Cabinet) 

Burke, Chas. H 315 

Butte „ . . . 313 

C 

Cabinet, President's 256 

California 22 

Campaign, pciitical 224 

Campbell county 313-315 

Camp Crook 318 

Canistota 318 

Canova 318 

Canton 73, 313-318 

of Switzerland 175 

Canvassers of Elections 228 

Capital, South Dakota 104 

United States 244 

Capitol, South Dakota 2, 104 

United States 232 

Carthage 319 

Castlewood 319 

Catholic, college 79 

missionary, first 103 

Cattle 67 

Caucus 221 

Cave Hills 30 

Census 315-318 

Centerville 319 

Central City 319 

Certificate to teach 210 

Certiorari, writ of 325 

Challenging a voter 227 

Chamberlain 313-319 

Chaplain 125 

Charities and corrections 153 

Chartes Mix countv 313-315 

Chai ters, city 185 

Chase, Salmon P 235 

Chattel 322 

mortgage 322 

Cheyenne river 47 

reservation 109 

Chinook winds 53 

Chisholm vs. Georgia 266 



PAGES 

Chouteau, Pierre 85 

Circuit courts (see Courts) . . . 

City, Chapter XIV 

commission 189 

courts 188 

justice 188 

ordinance 187 

Citizen 24C 

Civil action 19& 

Civil service 

township 175 

war 106 

Claremont 319 

Clark, county 315 

city 319 

Clay county 313-315 

Clear Lake, city 319 

Clerk, of courts 165 

of election 165 

of school board 165 

of town 181 

of township 176 

Climate 50 

Clover 67 

Codes 277-322 

Codington county 313-315 

Coinage 242 

Colman 319 

Colleges of S. D 79 

Colton 319 

Columbia, city 319 

District of 244 

Commerce and labor 264 

Commissioner, city 185 

county 163 

of insurance 149 

of Soldiers' Home 153 

of school and public lands.. 144 

Committees, legislative 129 

Common law, defined 322 

Complaint 199 

Compulsory education 207 

Conde 319 

Congress 233 

Congressional, districts 173 

survey 174 

townships 173 

Constable 177 

Construction of constitution.. 219 

Consul 254 

Constitution, S. D 279 

United States 233 

Constitutionality of a law..., 196 

Contested election 124 

Contract 322 

Convention 221-250 

Copyright 242 

Corn 63 

palace 64, 66 

Coroner 169 

Corporations 207-324 

Corsica 319 

Corson county 315 

Coteaus 28 

Council, city 186 

County, Chapter XI 

auditor 167 

commissioners 163 

hospital 163 



INDEX 



329 



PAGES 

judge 171 

list of 315 

officers of 165 

superintendent 169 

Court, Chapters XV. and XXI. — 

calendar 165 

circuit, of appeals 267 

circuit, federal 267 

circuit, state 197 

city 18§ 

clerk of 19o 

commissioner 269 

county IJl 

district, federal 267 

jurisdiction of 195 

justice of peace 177 

juvenile 171 

of claims 269 

of commerce 240 

probate 171 

supreme, federal 266 

state 194 

Crane, Frank 9, 14o 

Ci'awford, Coe 1 10, 140-236 

Crazy Horse 108 

Cresbard 319 

Criminal procedure 199 

Cross-examination 200 

Crow Creek reservation .... 109-316 

Curtesy 167 

Custer, city 319 

County 315 

George A 107 

Custom 116 

Cyanide 68 

Cyclones 52 

D 

Dairy exports 150 

Dakota, Democrat 103 

Land Company 86 

meaning of name 19 

river 29 

sandstone 41 

Wesleyan University 78, 79 

Dakotaian 104 

Dallas 319 

Davis 319 

Davison county 313-315 

Day county 313-315-319 

Dead letter laws 221 

Dead letters 262 

Deadwood 71-313-319 

Deed 324 

Defendant 323 

Delegates 222 

Delinquent 323 

Dell Rapids 319 

Delmont 319 

Denver, Col 40 

Deposition 324 

De Smet, city 313-319 

Father, Peter J 103 

Deuel county 313-315 

Dewey county 315 

Direct taxes 238 

Disease 22 

District of Columbia -244 



PAGES 

Diversified farming 55 

Doland 319 

Douglas county 313-315 

Dower 167 

Draper 319 

Dred Scott decision 196 

Dupree 315 

Duties on imports 239 

E 

Easement 324 

East Sioux Falls 319 

Edgemont 319 

Edgerton, A. .1 96 

Edmunds, county 313-315 

Newton 314 

Education 167 

E'ducational institutions 79 

Effington 319 

Egan 319 

Eggs 68 

Elections 208-218-252 

Electoral college 251 

Electors (see Voters) 

presidential 251 

Elk Point 313-319 

Elkton 319 

Elrod, S. H 9, 140-236 

Emery 319 

Eminent domain 324 

Enabling Act 97 

Engineer, state 150 

E^glewood 319 

Equalization, board of — 

city 186 

county 164 

state 141-142-152 

town 181 

township 175 

Erwin 319 

Estelline 319 

Ethan 319 

Ethical instruction 216 

Eureka 313-319 

Evarts 319 

Evidence 199 

Examiners, boards of 154 

Executive accountant 148 

Execution 324 

Executor 324 

Exemptions 242 

Exequator 324 

E^ post facto law 132-247 

Extradition 141 

F 

Fairfax 319 

Fairview 319 

Fall River county 315 

Faulk, county 313-315 

Andrew J 313-314 

Faulkton 319 

Federal courts Csee Courts) 
Federal executive, Chapter XX. 

Federalists 219 

Fees for certificates 215 

Felony 324 



330 



INDEX 



PAGES 

Fertility of soil 57 

Fire department 189 

First school house, etc 88, 93 

Flag, salute 14-24 

state 25 

United States - 24 

Flandreau 313-319 

Flax 67 

Florence 319 

Flower, state 23-25 

Foreclosure (see Mortgage) 

Fort Meade 72 

Fort Pierre 73-319 

Fort Randall 311 

Fort Sully 311 

Fort Tecumseh 104 

Fort Teton 104 

France 219-254 

Franchise 324 

Frankfort 319 

Frederick 319 

Free coinage 323 

Freeman 319 

French Creek 107 

Fugitive from justice 141 

G 

Gall (Indian) 108 

Gamble, John R 315 

Robert J 315 

Game Warden 150 

Gann Valley 319 

Garnets 68 

Garretson 319 

Gary, town 319 

moraine 3G 

Gas, natural 69 

Gayville 319 

Geddes 319 

Gems 39 

Geological, folios... ..... 277 

survey 278 

Geologist, state : . . 43 

Germany 254 

Gerrymander 325 

Gettysburg 319 

Ghent, treaty of 255 

GifEord, Oscar S 96 

Glacier, Dakota 31 

Glacial drift 31 

moraines 32-'33-35-38-37 

Gleason, W. E 89 

Glenham 319 

Glenn, S. W 9-60 

Glossary 322 

Gold 67 

Goodwin, town 319 

Mrs 103 

Governor, duties 138 

Grand jury (see Jury) 

Grand river 47 

Massacre 108 

Granite 68 

Graphite 68 

Grant county 313-315 

Great Britain . . ; 254 

Greenbacks 24-1 



PAGES 

Greenmount 319 

Gregory, city 313-319 

county 315 

Groton 313-319 

Guards, state 131 

Gulf of Mexico , 52 

Gypsum 41-68 

H 

Habeas corpus 195-268 

Hall, C. M 278 

Hamilton, Alexander 219 

Hamlin county 313-315 

Hand county 313-315 

Hanson county 313-315 

Harding county 315 

Harrisburg 319 

Harrison, Benjamin 99 

Harney Peak 39 

Harrold 319 

Hartford 319 

Hay 67 

Hazel 319 

Health, board of 154 

Healthf ulness 21 

Health resorts 72 

Hecla 319 

Henry 319 

Hermosa 319 

Herreid, town 313-320 

Charles N 9, 139, 236 

Herrick 320 

Heston, J. W 277 

Hetland 320 

Highmore 320 

Hill City 320 

Hill, George D 89 

Historic Items, Chapter VI. 
History, department of...... 151 

Hitchcock 320 

Hogs 67 

Holidays . . 216 

Homestake mine. '71 

Hosmer, village 320 

Hot Springs , . 72-320 

House of Representatives — ■- 

federal 233 

state 119, 121 

Hoven 320 

Howard, city 320 

William A 314 

Hudson 320 

Hughes county 313-315 

Humphreys, W. W 235 

Hurley 320 

Huron, city 72-320 

college 77-79 

Hutchinson county 313-315 

Hyde county 313-316 

I 

Ice steet 31 

Idaho 88 

Incorporation 180 

Imaginary journey 81 

Impanelling a jury .. 203 

Impeachment .....-..;. 133-236-256 



INDEX 



331 



PAGES 

Implied powers 245 

Independent district 209-317 

Indeterminate sentence 325 

Indian reservations 109 

Indians 106 

Indictment 202 

Infant, defined 325 

Injunction 325 

Inlipaduta lOS 

Initiative and Referendum. 134-187 

Insane, liospitals for 74 

Inspectors of election 225 

Internal revenue 71-239 

Interstate commerce 240 

Intrastate commerce 240 

Iowa 83 

Ipswicli 313-320 

Irene 320 

Iroquois 320 

Irrigation 30 

Irving, J. D 277 

J 

Jail 166 

James river 29-36 

Java 320 

Jav. John 218 

Jayne, William 10-16-91-314 

Jefferson, village 320 

Thomas 218 

Jerauld county 313-31G 

Johnson, Andrew 235 

Journal, legislative 142 

Judge (see Court) 

Judicial department, Chapters 

XV. and XXI. 
Jurisdiction (see Court) 
Jurisprudence, maxims of . . . . 203 

Juror 202 

Jury 201-202 

Justice of the peace 177 

Juvenile court 171 

K 

Kadoka 320 

Kampeska. lake 32 

Kanouse, T. D 97 

Kansas 320 

Kennebec 320 

Kidder, J. P 87 

Kiester, moraine 38 

Kimball 320 

Kingsbury, county 316 

Kittredge, A. B 236 

Keya Paha river 29-89 

Kyle, J. H 236 

L 

La Framboise, Joseph 103 

Lake Agassiz 38 

Lake Andes 320 

Lake county 316 

Lake Preston 320 

Lakes 32 

Lane 320 

Langf ord 320 



PAGES 

Lawrence county 316 

Lawrence, C. G 9, 147 

Lead, city 71-313-320 

Leavenworth, Henry 106 

Le Beau 320 

Lee, A. E 139-236 

Legacy 325 

Legal tender : . . 242 

Legislative districts 121-122 

Legislature 121 

Lemmon 320 

Lennox 320 

Leola 313-320 

Lesterville 320 

Le Seuer 103 

Letcher 320 

Lewis, Meriweather 85 

Librarian, state 151 

Licenses 165 

Lien, defined 325 

Lieutenant governor 124 

Lily 320 

Lincoln, Abraham 89 

county 313-316 

Little Big Horn river 108 

Loose construction 219 

Lottery 132 

Louisiana 82-84 

Purchase 83 

Lowry 320 

Lutheran schools 79 

M 

McCook county 313-316 

McCoy, J. H 9 

Mcintosh 320 

McKay. William 107 

McNultv, Frank 9 

McPherson county 313-316 

Madison, city 73-314-320 

lake 32 

Majority 325 

Mandamus, writ of 325 

Manganese 68 

Map study 81 

Marietta 320 

Marion 320 

Mark and brand committee.. 154 

Marriage license 165 

Marshall county 314-316 

Marshal, U. S 113 

Marque, letters of 325 

Martin, Eben W 235 

Mathematical geography 173 

Maxims of jurisprudence 203 

Mayor 187 

Meade county 314-316 

Medary 107 

Mellette, city 320 

Arthur C 99-146 

Menno 320 

Mennonite college 79 

Message 129-256 

Messiah War 108 

Mexico 254 

Mica 68 

Michigan 83 

Midland 320 



332 



INDEX 



PAGES 

Milbank 314-320 

Militia 138 

Mileage 123-238 

Miller 314-320 

Miner county 314-316 

Ministers, foreign 254 

Minor, defined 325 

Minnehaha county 314-316 

Minnesota 84 

Mint 260 

Mir of Russia 175 

Misdemeanor 325 

N 

Naples, Italy 55 

Nash, George W 9-10, 79-145 

National bank 260 

Natural gas 69 

Naturalization 240 

Nebraska 83 

Nemo 320 

New England township 173 

Niobrara river 29-89 

Nominations 218-223-249 

Normal schools 

Aberdeen 77-79 

Madison 76-79 

Spearfish 77-79 

Springfield 77-79 

North America 27 

North Dakota 97 

Northern Normal and Indus- 
trial School 77-79 

Northville 320 

Notary public 325 

O 

Oacoma 320 

Oath 124-200 

Oats 67 

Oelrichs 320 

O'Harra, Cleophas C 9-47-278 

Oil inspectors 149 

Olander, J. B'red 10 

Old Glory 14 

Oldham 320 

Old Settlers' Historical Assn. . 90 

Olivet 320 

Onida 320 

Onyx 68 

Ordinance 187-325 

Ordway, N. G 95-314 

Ore 39 

Orleans, territory of 83 

Ortley 320 

Owl river 30 

P 

Pacific Ocean 85 

Pages 126 

Pardons, board of 141 

Parker, city 314-320 

William H 235 

Parkston 320 

Patents 243 

Patent to land 144 

Pawnee House 103 



PAGES 

Peck, James 235 

Peever 320 

Penitentiary 153 

Pennington 314-316 

Perjury 200-324 

Permanency of climate 59 

Perisho, E. C 9-43 

Perkins 316 

Peterson, E. Frank 278 

Philip 320 

Pickering, John 235 

Pickler, J. A 99 

Picotte, C. F 87 

Pierpont 320 

Pierre 73-314 

Pine Ridge reservation 109-316 

Pioneer privations 62 

Plains 28 

Plaintiff . 199-325 

Plankinton 74-314-320 

Plaster 68 

Platte 314-321 

Pluma 320 

Pocket veto 238 

Police 189 

justice 188 

Political parties 218 

Polling places 225 

Pollock 314-321 

Poll tax 175 

Polygamy 241 

Poor farm 163 

Population 315-318 

Postmaster 125 

Postmaster general 262 

Potatoes 67 

Potter 316 

Powers of Congress 238-245 

Powers denied, Congress 247 

states . .132-247 

Poultry 68 

Precipitation 56-58 

Preglacial conditions 31 

Presentment 202 

Presho 321 

President 249 

election of 251 

nomination of candidates. 249 

powers of 249 

succession 253 

Press and Dakctan 104 

Preston 321 

Primary elections 222 

Printer, state 155 

Probate court 171 

Prohibition 99 

Public school system. Chapter XVI. 
Pukwana 321 



Q 



Qualifications of — 

city commissioners 192 

county oflacers 169 

elector 226 

governor 140 

judges 287 

president 253 

state ofiicers 123 

teachers • 210 



INDEX 



333 



PAGES 

town officers 177 

Quarantine 189 

Quartzite 68 

Quash 325 

Quorum 124 

Quo warranto 326 

R 

Railroads 104 

Railway commissioners 147 

Rainfall (see Precipitation) 

Ramer, M. M 10, 145 

Ramona 321 

Rapid City 71-321 

Raymond 321 

Reading circle 154 

Recall, tlie 190 

References, list of 277 

Referendum (see Initiative) 

Red Cloud War 107 

Redfield, city 74-321 

A. H 87 

College 78-79 

Red Valley 40 

Ree Indians 106 

Regents' certificate 214 

Regents, board of 152 

Register of deeds 167 

Remedial writs (see Writs) 

Reporter, court 195 

Republic of friends 19 

Requisition 325 

Reservations, Indian 109 

Revillo 321 

Revocation of certificates.... 215 

Riggs. S. R 103 

Roberts county 314-316 

Robinson, Doane 9, 146, 278 

Rockbam 321 

Roscoe 321 

Rosebud reservation 109-316 

Roswell 321 

Roubaix 321 

Rules 126 

Rumford 321 

Rural schools 208-317 

Russia 175-254 

S 

Saint Lawrence 321 

Salaries 151 

Salem 314-321 

Sanborn 314-316 

Sandstone 40-41 

School, districts 207 

first, in South Dakota 88-93 

statistics 316 

of mines 75-79 

Seal 19-20 

Seasons 21 

Secretary of, agriculture 263 

commerce and labor 264 

interior 262 

navy 262 

senate 125 

state, federal 259 

state 119, 121, 236 

historical society 151 

treasury 260 



PAGES 

war 261 

Sectarian teaching 207 

Selby 321 

Senate, federal 235 

state 119-121-236 

Seneca 321 

Sessions of Congress 236 

Shale 42 

Sheldon, C. H 139 

SherifiE I66 

Sherman 321 

Short ballot 229 

Short Bull 108 

Sioux Falls, city 70-321 

constitution 96 

quartzite 70 

College 78-79 

Silver 68 

Sisseton 314-321 

Sitting Bull 108 

Smith, E. G 315 

George M 278 

Smuggling 325 

Soils 31-57-62 

Soldiers' Home 72-153 

Solidarity of race 6 

Song, South Dakota 18 

South Shore 321 

South Sioux Falls 321 

Speaker of house 126 

Spearfish 71-321 

Speltz 67 

Spencer 321 

Spodumene 68 

Springfield 74-321 

Standing Rock reservation... 109 

State's attorney 168 

State College 75-79 

Statute 326 

Statute of Limitations 326 

Stickney 321 

Strict constructionist 219 

Sturgis 72-314-321 

Struck-by-the-Ree 107 

Subpoena 326 

Suffrage 325 

Summit 321 

Superintendent of, census. . . . 151 

city schools 215 

county schools 169 

public instruction 143 

vital statistics 151 

Supervisors, township 175 

Supremacy of nation 116 

Supreme court (see Court) 

Survey 173 

Surveyor 169 

Swanson, C. E 10 

Swayne, Charles 235 

Switzerland 175 

Sylvan lake . . 72 

T 

Table lands 29 

Tabor 321 

Taft, William H 249 

Talesmen 203 

Tallent, Annie E 278 



334 



INDEX 



PAGES 

TariflE 239 

Taxes 178 

Tea, town 321 

Temperatures 50-52 

Terminal moraine 32 

Terraville 321 

Terry 321 

Teton, Indians 106 

river 80 

Thanksgiving 216 

Tin 68 

Tinton 321 

Title of nobility 247 

Todd, J. E 9-278 

J. B. S 87 

Tolstoy 321 

Tornado 53 

Toronto 321 

Town, Chapter XIII. 

meeting 175 

Township, Chapter XII. 

high school 209 

Transporting pupils. . 208 

Traverse, lake 38 

Treason 269 

Treasurer, city 188 

county 168 

school district 209-210 

state 142 

town 181 

township 176 

Treasury, notes 242 

secretary of 260 

Treaties, foreign 255 

Indian 106 

Tree Planting 215 

Trial 326 

Tripp, town 321 

county 316 

Bartlett 314 

Truant officer 207 

Trudeau House.. 103 

Trustees, town. ...■*... 181 

Tungsten 68 

Turner ., 317 

Turton 321 

Twin Brooks 321 

Tyndall 321 

U 
University 75-79 

United States, land office. .70-71-73 

weather bureau 50-59 

Union 816 

Ustrud, H. A... 10-146 

Utica 321 

V 

Vacancies 254 

Valley Springs 321 

Veblen 321 

Venire 200-826 

Venue 326 

Verdict ., 201 

Verdon 321 

Vermillion, city 73-314-321 

river 29 

Vessey, R. S.... 9-140-236 

Veterinary burgeon .^ ....... . 150 



TT 4- /-I , PAGES 

veto, Governor's iqo 

mayor's .* jgg 

pocket 238 

President's ' * * * ooo 

viborg : ;•• i?21 

Vice President 24^ 

Vienna s^Y 

Vilas q5| 

Village :::;• lik 

Volga Pi 

Volin qoi 

Voting :::: m 

Voters 221-225 

Wagner 321 

Wahpeton Indians 85 

Wakonda qo'I 

Wall :::: gij 

Wallace 321 

Washington, D. C '.'/. 244 

George 2I8 

War, department..... 261 

declaration of . 243 

Ward, village \ 321 

of a city igg 

Watering stock 326 

Watertown 72-314-321 

Waubay 321 

Wealth 2'>-63 

Webster '. 3*14^321 

Weights and Measures 143 

Wells, artesian 42 

Wentworth 321 

Wessington 314-321 

Wessington Springs 321 

seminary 79 

Western Land Company 86 

White 321 

White Lake 321 

White Rock 321 

White river 30-47 

Whitewood 321 

Wheeler 321 

Whetstone creek 38 

Will 326 

Williams, J. S. 89 

Williamson. Thomas E 103 

Williston, S. P 89 

Willow Lake 322 

Wilmot 322 

Wind, cave 72 

velocity 54 

WInfred 322 

Wisconsin 83 

Wolsey 322 

Woman's Suffrage 226 

Woonsocket 314 

Worthing 322 

Wounded Knee, battle 109 

Writs 326 

Wyoming 88 

Y 

Yankton 73-104-314-316-322 

College 77 79 

Young, C, M 278 

Z 

Ziebach county 816 




V 



JUL 3 V9II 



One copy del. to Cat. Div, 



JUL 3 l9fl 



